GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MURAT [1990] NSWCA 74

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MURAT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY, and CLARKE, JJA

13 July 1990 [1990] NSWCA 74

Appeal from District Court — Quantum of damages — Assessment not erroneous on the facts — Appeal dismissed with costs — No issue of principle.

Mahoney JA On 20 June 1985 the plaintiff suffered injuries in a motor vehicle accident. The defendant admitted liability for the injuries. On 15 March 1989 his Honour Judge Graham in the District Court.awarded the plaintiff $64,218.84 by way of damages. The damages were made up in the following way: out of pocket expenses $34,218.84; past economic loss $35,000.00; future economic loss $5,000.00; and general damages $20,000.00. These amounts total, as I have said, $64,218.84.

The defendant has appealed to this Court against his Honour's assessment. The defendant has suggested that there should be a re assessment upon the basis of allowing the plaintiff her out of pocket expenses in full; accepting that she was off work because of the accident for a short period but making no allowance otherwise for economic loss; and reducing the general damages from $20,000 to an amount in the order of $5,000.

The plaintiffs injuries, as far as she complained of them, were stated by his Honour in the following terms:

"The plaintiff complains that over the last couple of years she has suffered from neck pain which has got better. She says she still has pain in the neck but it is not as bad as it used to be. She says she has continuing pain in the back although she said it has certainly improved with medication. She says that she tries to carry on her life as best she can doing the shopping, accompanied by her family, and doing whatever she can around the house providing she rests and takes analgesic tablets.