ONAGA & ORS. V. MICHO AND COMPANY

• Pages: 189-193

ONAGA & ORS V. MICHO AND

COMPANY.



189

And the note on Gavin is: Male, aged 42. Demolisher, earning £15 a week.

Dislocation of left hip with fracture of head of femur. Was in hospital for two

months; had to have operation five months later. Now had painful hip, arthritic

changes were ineviable. Operation would be necessary in three or four years'

5



time. He had attended Government training centre and was told to find work a

couple of months later. Was unfit for anything but purely sedentary work; was un-

able to find a job because of condition and fact that he was unable to read or write.

£2,250.

Compared with Powell and Gavin, the plaintiff here was awarded far too much:

10



his pay before the accident was a little under £7 a week; he was not so long in hos-

pital as Powell; his injury to the hip is no worse than Gavin's; he was able to go

back to work, and has received promotion. But the plaintiff here, in addition to the

hip injury, suffered mental shock, which damaged his nerves, and has been left

with two ugly scars on his face; and there is the possibility of his suffering from his

15



nerves again. Taking everything into account, and perhaps erring on the side of

generosity,

I

would say £2,000 would have been the right award, and propose

allowing the appeal and varying the judgement of the Court below by reducing the

general damages to £2,000; the £10 special dangers will stand, so will the 100 gui-

neas costs in that Court; the appellant should have his costs of appeal, which are

20



assessed at forty-five guineas in all.

Brett, F.J.:

I concur.

Taylor, F.J.: I

concur.

Appeal allowed; Damages

reduced to £200

ONAGA & ORS V. MICHO AND COMPANY.

GEORGE ONAGA & ORS

V

MICHO

AND COMPANY

35

FEDERAL SUPREME COURT.

BRETT,



F.J.

UNSWORTH,



F.J.

TAYLOR,



F.J.

40



27th June, 1961.

APPELLANTS

RESPONDENT

SUIT NO. FSC 42/1961

Contracts - Building Contract - Breach - Practice and Procedure - Unincorporated

Body - Parties Defendants - Damages - Building Contract - Assessment of

Damages for breach - Practice and Procedure - Appeal against Damages

-

45



Grounds of Appeal.

ISSUES:

1. Whether non-payment on a building contract is evidence of an intention to

abandon it.

50



2. Whether an aggrieved contractor can be entitled to payment for loss of profit

on work he has been prevented from doing.

25

30