GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v RIX [1988] NSWCA 54

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v RIX SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY ACJ, SAMUELS and CLARKE JJA 7 July 1988, 15 July 1988 [1988] NSWCA 54

KEY WORDS: NEGLIGENCE — DAMAGES — QUANTUM — NO QUESTION OF PRINCIPLE NEGLIGENCE — employer's liability — employed solicitor — solicitor required to handle suitcase with large number of files — employer's duty to provide safe system of work — supervisor's grudging acquiescence in use of courier — held: evidence supports failure to provide safe system — no error — no question of principle — appeal (from Yeldham J) dismissed. DAMAGES — quantum — solicitor employed by GIO — injury to right shoulder — trial judge finds "fragile personality" — appeal and cross-appeal — description as "fragile" not supported by evidence — appeal dismissed — cross-appeal allowed — allowance for loss of earning capacity increased — no question of principle. PRACTICE — Court of Appeal — damages appeal — non jury trial — reassessment by Court of Appeal — not necessary to embark on that reassessment of all damages — Robinson v Riley [1971] 1 NSWLR 403; Richards v Lincoln, unreported, CA, 22 September 1987; (1987) NSWJB 176 applied.

Kirby ACJ I agree with Clarke JA. Samuels JA I agree with Clarke JA.

Clarke JA The respondent completed an Arts/Law Degree at Macquarie University at the end of 1980 and was admitted as a solicitor in July 1981. On 10 July she began work as a Grade 1 Solicitor with the appellant. By September 1982 she had progressed to Grade 2 and worked in the District Court section of the appellant which had its offices on 13th Floor of the St. James Building in Elizabeth Street, Sydney. Initially she was responsible for the preparation and presentation of cases which were to be heard, at sittings at Wollongong, Cooma, Bega, Moruya and Nowra. She did not herself appear in those cases but did instruct counsel to do so. In August or September 1982 the Gosford circuit was added to those already her responsibility.