Jones v Schiffmann

Jones v Schiffmann concerned an action brought by a widow under Lord Campbell's Act (as amended by the Compensation to Relatives Act, 1897 (N.S.W.)) following the death of her husband. The central dispute revolved around the assessment of damages to be awarded to the widow.

The High Court of Australia was required to determine the principles governing the assessment of damages in such actions, specifically considering what matters could and should be taken into account. The primary legal issues were whether the widow's own earnings and her prospects of remarriage were relevant considerations in calculating the compensation to be awarded to her.

The Court held that in assessing damages under Lord Campbell's Act, the focus is on the loss suffered by the dependants as a result of the deceased's death. Therefore, the widow's own earnings were a relevant factor as they directly impacted the financial loss she had sustained. Furthermore, her prospects of remarriage were also to be considered, not as a reduction of the damages for the loss of the deceased husband, but as a factor that might affect the duration of her dependency on him. The Court affirmed that the aim was to compensate for the loss of financial support and services that the deceased would have provided.