Targett v Targett - [1999] TASSC 87

[1999] TASSC 87

CITATION: Targett & Ors v Targett [1999] TASSC 87

PARTIES:  TARGETT, Samantha Lee
  PRICE, Ryan John (infants by their next friend)
  DIRECTOR OF PUBLIC PROSECUTIONS

v
TARGETT, Sharyn Maree

TITLE OF COURT:  SUPREME COURT OF TASMANIA
JURISDICTION:  ORIGINAL
FILE NO/S:  2/1997
DELIVERED ON:  26 August 1999
DELIVERED AT:  HOBART
HEARING DATES:  8, 9 June 1999
JUDGMENT OF:  Wright J

CATCHWORDS:

Torts - Negligence - Fatal accidents legislation - Damages - Measure of damages - Benefits for deceased wife or mother - Cost of replacing services - Loss suffered by children.

Nguyen v Nguyen (1989 - 1990) 169 CLR 245; Griffiths v Kerkemeyer (1977) 139 CLR 161, considered.
Van Gervan v Fenton (1991 - 1992) 175 CLR 327, applied.
NSW Insurance Ministerial Corp v Willis (1995) 35 NSWLR 668, followed.
Nguyen v Nguyen[No 2] [1992] 1 Qd R 405, distinguished.
Fatal Accidents Act1934 (Tas), s5.
Common Law (Miscellaneous Actions) Act 1986 (Tas), ss5, 4.
Aust Dig Torts [143]

REPRESENTATION:

Counsel:
             Plaintiffs:  A M Blow QC
             Defendant:  S Walsh QC
Solicitors:
             Plaintiffs:  Jennings Elliott
             Defendant:  Murdoch Clarke

Judgment Number: [1999] TASSC 87
Number of Paragraphs: 23

Serial No 87/1999
File No 2/1997

SAMANTHA LEE TARGETT and RYAN JOHN PRICE (infants by their next friend) THE DIRECTOR OF PUBLIC PROSECUTIONS v SHARYN MAREE TARGETT

REASONS FOR JUDGMENT WRIGHT J

26 August 1999

This is an action for damages under the Fatal Accidents Act 1934 ("the Act"), by the two infant children of Donna Lee Targett, who died on 15 May 1995 from injuries received whilst travelling as a passenger in a motor vehicle negligently driven by her sister, Sharyn Maree Targett. A consent judgment in the plaintiffs' favour was entered against the defendant for damages to be assessed on 11 March 1997.

Donna Lee Targett was born in Tasmania on 27 May 1968. She was nearly 27 years of age at the time of her death. Her daughter, Samantha was born on 10 December 1989 and her son, Ryan, was born on 2 July 1992. At the time of her death, she was living in a de facto relationship with Darren John Price at Carrum Downs in Victoria. This relationship had commenced in October or November 1989, shortly before the birth of Samantha. Darren John Price was not Samantha's father, but he has treated her as his own daughter since birth. The name of Samantha's biological father is unknown. That person never had an enduring relationship with her. Darren Price is the natural father of Ryan and he has, at all times, recognised and observed his parental duties towards his son. Donna Targett was not employed in paid work at the time of her death. She was fully engaged in caring for her children and de facto husband. Mr Price was at this time employed by Vic Rail. On 28 July 1995, as a direct result of his de facto wife's death, he resigned from this employment and took a redundancy package. This…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Targett v Targett

Details

AGLC: Targett v Targett [1999] TASSC 87
Case: [1999] TASSC 87
Decision Date: 26 August 1999

CaseChat Overview and Summary

This case involves an action for damages under the Fatal Accidents Act 1934 by the two infant children of Donna Lee Targett, who died from injuries received in a motor vehicle accident caused by her sister, Sharyn Maree Targett. The children, Samantha and Ryan, seek compensation for the loss of their mother's services. The Supreme Court of Tasmania, presided over by Wright J, was tasked with determining the appropriate measure of damages for the loss of domestic services provided by the deceased mother.

The legal issues before the court involved the assessment of damages for the loss of domestic services provided by the deceased mother, considering the cost of replacing those services and the loss suffered by the children. The court had to determine whether the principles from Nguyen v Nguyen and Van Gervan v Fenton applied to this case and how to account for the care provided by the surviving de facto husband, Darren Price, who is not a claimant in the action.

Wright J held that the court should begin with a valuation of the deceased mother's services by reference to the commercial cost of replacing those services. The court rejected the argument that the provisions of the Common Law (Miscellaneous Actions) Act 1986 disentitled the plaintiffs to succeed in any claim formulated upon the notional cost of any past or future care or services. The court also determined that the father's replacement of the mother's services after her death could not be taken into account as reducing the children's entitlement. The damages were assessed based on the assumed commercial cost of providing care for the children, reduced by one third to account for the benefit to the father, and discounted for contingencies.

The court assessed the damages as follows: for Samantha, $99,688 comprising $40,562 for past loss, $58,626 for future loss, and $99 for loss of chance of future financial contributions. For Ryan, $110,502 comprising $40,562 for past loss, $69,440 for future loss, and $500 for loss of chance of future financial contributions. The sums are to be paid to the Public Trustee to be invested and applied for the benefit of each of the plaintiffs.

Orders