GEORGE L GRAY v RODNEY JAMES PARSONS [1989] NSWCA 90

GEORGE L GRAY v RODNEY JAMES PARSONS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY (2), MEAGHER (3) JJA, AND HOPE (1) AJA 27 October 1989, 27 October 1989 [1989] NSWCA 90

Practice and procedure — defendant and his legal representatives absent when trial called on at country circuit — trial delayed until later in the day — trial commenced in absence of defendant or representatives — counsel for defendant present next morning applications to discharge jury and to have witnesses who had been excused recalled — applications refused — HELD no case for interfering with exercise of trial judge's discretion. Damages — quantum — no question of principle — appeal dismissed. Appeal dismissed with costs.

Hope AJA This is an appeal from a judgment entered by Mr Justice Maell following a trialbefore his Honour and a jury in which the plaintiff sued for damages in respect of injuries he received in an accident on 3 December 1986.

It is not necessary to describe the circumstances of the accident for there is no issue as to liability. As a result, the plaintiff suffered a variety of injuries, some more serious than others, the most serious and the one which has had the most lasting effect being a severe crush injury to his left knee.

The plaintiff was born in September 1956 and was thirty-one years of age at the date of the trial. He was a person who had very little school training. He was not trained and had no experience in any type of sedentary occupation. His working life had been limited to doing work of a labouring and other physical kind and as well he had engaged with some degree of success in various forms of sport.

As a result of the injury the plaintiff suffered a great deal of pain and underwent six or seven operations upon his knee to try to improve its condition and also to remove or lighten the pain and inconvenience which it caused him.