GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v TANTI [1989] NSWCA 88

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v TANTI

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY JJA, and Hope AJA 22 August 1989, 22 August 1989

[1989] NSWCA 88

Appeal from District Court — Assessment of damages — No issue of principle. ORDERS Appeal allowed and judgment set aside. Verdict and judgment for the plaintiff for $55,254 to date from 4 September 1987. Respondent to pay the costs of the appeal and have a certificate under the Suitors' Fund Act.

Mahoney JA On 4 August 1985 the plaintiff suffered a motor vehicle accident. The defendant has accepted liability for the accident.

On 4 September 1987 the assessment of damages came before his Honour Judge Lloyd-Jones. His Honour gave judgment for the plaintiff in the total sum of $65,254, made up of $25,000 for future economic loss, $40,000 for general damages and $254 for out-of-pocket expenses. There was no claim for post economic loss or for an interest component.

The defendant has appealed to this Court upon the basis that his Honour erred in respect of his assessment both of the future economic loss and of the general damages. In order to assess the submissions that have been made it is necessary to refer briefly to the facts.

The plaintiff suffered, as his Honour said - and it is not contested - a severe collision. He suffered a substantial injury to his neck, lower back and right shoulder. The right shoulder was dislocated. After the accident the plaintiff walked around. He did not take much notice of it at the time, as he said, but the following morning, suffering from pain, he went to the local doctor. He said he had physiotherapy in respect of this condition for some two or three months but that that did not really help.

His Honour's summary of the accident, which has not been the subject of contest, is set out in his Honour's judgment in the following terms: