CAMILLERI v ALLEN [1988] NSWCA 19

CAMILLERI v ALLEN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope, PRIESTLEY and CLARKE JJA 17 March 1988

[1988] NSWCA 19

Appeal — reliance in reasons for judgment on evidence not before the Court which related to plaintiff's credibility and to causal connection between accident and injury — denial of natural justice — not inevitable that result at trial or upon any new trial should be the same — judgment set aside and new trial ordered.

ORDERS

(1) Appeal allowed;

(2) Judgment below set aside;

(3) New trial ordered limited to damages;

(4) Costs of the first trial to be costs in the new trial;

(5) Respondent to pay the costs of the appeal and to have a certificate under the Suitors Fund Act.

Hope JA On 12 May 1979 the plaintiff was involved in a motor vehicle accident in which he claimed to have suffered injuries. Proceedings by him to recover damages in respect of those injuries came before Master Sharpe in February and May 1986. Liability was admitted and the only issue before the Master was the quantum of damages.

On 30 July 1986 the Master gave judgment in favour of the plaintiff in the sum of $15,966.20. This sum was made up in this way:-

Wage loss until 23 June 1980 $ 2,268.60 Out-of-pockets to 28 February 1980 together with 547.60 some specified later out-of-pockets

General damages (which for the purposes of interest 6,500.00 calculations, the Master divided as to

to pre-judgment damage and as to 1,000.00 to future damage) 7,500.00 Interest on general damages 5,250.00 Interest on wage loss 400.00 Total interest $ 5,650.00

There was no award for future economic loss.

The plaintiff was born on 6 September 1948. He was a married man with four children at the time of the accident. He was then employed by a firm called Zacuba Pty Limited and he had been employed there since 17 November 1975. That company manufactured house bricks and the Plaintiff's occupation with it was described as a lubrication attendant.