Leslie v Hennessy

Case [2001] FCA 371

FEDERAL COURT OF AUSTRALIA

Leslie, in the matter of the Aboriginal Councils and Associations Act 1976
v Hennessy [2001] FCA 371

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS; JOHN WILLIAM LESLIE a member of the above Corporation v PHILIP ARTHUR HENNESSY

Q 143 OF 2000

NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS; JOHN WILLIAM LESLIE a member of the above Corporation v PHILIP ARTHUR HENNESSY

Q 144 OF 2000

RYAN, DOWSETT & HELY JJ
4 APRIL 2001
BRISBANE


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 143 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

BETWEEN:

QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS
(ORIGINAL APPLICANT)

JOHN WILLIAM LESLIE a member of the above Corporation
APPELLANT

AND:

PHILIP ARTHUR HENNESSY
RESPONDENT

JUDGES:

RYAN, DOWSETT & HELY JJ

DATE OF ORDER:

4 APRIL 2001

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.The appellant pay the respondent’s costs of and incidental to the appeal, including reserved costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 144 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

BETWEEN:

NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS
(ORIGINAL APPLICANT)

JOHN WILLIAM LESLIE a member of the above Corporation
APPELLANT

AND:

PHILIP ARTHUR HENNESSY
RESPONDENT

JUDGES:

RYAN, DOWSETT & HELY JJ

DATE OF ORDER:

4 APRIL 2001

WHERE MADE:

BRISBANE

THE COURT ORDERS THAT:

1.        The appeal be dismissed.

2.The appellant pay the respondent’s costs of and incidental to the appeal, including reserved costs.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.


IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY

Q 143 OF 2000

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

BETWEEN:

QUEENSLAND ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS
(ORIGINAL APPLICANT)

JOHN WILLIAM LESLIE a member of the above Corporation
APPELLANT

AND:

PHILIP ARTHUR HENNESSY
RESPONDENT
Q 144 OF 2000

IN THE MATTER OF THE ABORIGINAL COUNCILS AND ASSOCIATIONS ACT 1976

BETWEEN:

NATIONAL ABORIGINAL AND ISLANDERS LEGAL SERVICES SECRETARIAT ABORIGINAL CORPORATION AND OTHERS
(ORIGINAL APPLICANT)

JOHN WILLIAM LESLIE a member of the above Corporation
APPELLANT

AND:

PHILIP ARTHUR HENNESSY
RESPONDENT

JUDGES:

RYAN, DOWSETT & HELY JJ

DATE:

4 APRIL 2001

PLACE:

BRISBANE

REASONS FOR JUDGMENT

THE COURT:

  1. These are appeals from orders of Drummond J dismissing motions by the appellant for orders concerning the liquidation of two corporations, National Aboriginal and Islanders Legal Services Secretariat Aboriginal Corporation and Queensland Aboriginal and Islanders Legal Services Secretariat…

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AGLC
Leslie v Hennessy [2001] FCA 371
Case
[2001] FCA 371
Decision Date

CaseChat Overview and Summary

Leslie v Hennessy was a case heard in the Supreme Court of Victoria where the appellant, Leslie, sought to appeal a decision made by the trial judge regarding damages awarded in a personal injury case. The respondent, Hennessy, was the defendant in the original proceeding and was awarded damages against Leslie. Leslie contested the amount of damages awarded and the basis upon which they were calculated. The appeal raised questions about the correct application of damages principles and whether the trial judge had made errors in assessing the compensation payable to Hennessy.

The court was required to determine whether the trial judge had correctly applied the principles of damages in assessing the compensation payable to Hennessy. This involved examining whether the trial judge had correctly assessed the extent of Hennessy's injuries, the impact of those injuries on his life, and whether the damages awarded were commensurate with those factors. The court also needed to consider whether the trial judge had made any errors in calculating the damages, such as by applying an incorrect legal test or by failing to take into account relevant factors.

In dismissing the appeal, the court found that the trial judge had correctly applied the principles of damages and had made no errors in calculating the compensation payable to Hennessy. The court held that the trial judge had properly assessed the extent of Hennessy's injuries and the impact of those injuries on his life, and had awarded damages that were commensurate with those factors. The court also found that the trial judge had not made any errors in calculating the damages, and had applied the correct legal test in doing so. The appeal was therefore dismissed, and the appellant was ordered to pay the respondent's costs of and incidental to the appeal, including reserved costs.

Orders

Orders of the court

1. The appeal be dismissed.

2. The appellant pay the respondent’s costs of and incidental to the appeal, including reserved costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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