Public Trustee v Zoanetti

The High Court of Australia heard an appeal from the Supreme Court of South Australia concerning the assessment of damages following a wrongful death. The appellant, the Public Trustee, was the executor of the estate of Walter Henry Reid, who had caused the death of Giosue Zoanetti. The respondent, the widow and administratrix of Giosue Zoanetti's estate, brought an action against the Public Trustee for damages for herself and her child, and also for solatium for her own suffering.

The central legal issue before the High Court was whether an amount awarded as solatium to a surviving spouse under section 23b of the *Wrongs Act 1936-1940* (S.A.) should be deducted from the damages awarded to that spouse and other dependants under sections 19 and 20 of the same Act. These latter sections provide for damages akin to those under Lord Campbell's Act, compensating for pecuniary loss resulting from the death.

The Court, in dismissing the appeal, reasoned that the *Wrongs Act* created distinct rights. Sections 19 and 20 provided for damages based on pecuniary loss, while section 23b introduced a new right to solatium for the mental suffering of a spouse. Section 23c(1) explicitly stated that these rights were in addition to, and not in derogation of, other rights conferred by the Act. The Court distinguished the present case from *Davies v. Powell Duffryn Associated Collieries Ltd.*, noting that the solatium was a direct payment for suffering and not a benefit accruing to the deceased's estate, which could be set off against pecuniary loss. The Court held that the solatium was an additional sum, not to be deducted from the damages awarded for pecuniary loss.