GOVERNMENT INSURANCE OFFICE OF NSW v HEALEY [1990] NSWCA 71

GOVERNMENT INSURANCE OFFICE OF NSW v HEALEY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, CLARKE and HANDLEY JJA 29 June, 21 August 1990

[1990] NSWCA 71

DAMAGES — motor vehicle accidents — five injuries — cases and appeals heard together — appeals in respect of two injuries abandoned — claim that damages awarded in respect of three injuries excessive — young solicitor with busy practice — multiple injuries including to neck and back — loss of one day from work and no hospitalisation — possibility of loss of earning capacity in fifteen years time — proper approach to estimation of damages for loss of earning capacity — proper approach to general damages — held: (Allowing appeal from Allen J) (1) An award of $100,000 general damages was excessive and should be reduced to $50,000 having regard to the disturbance of life proved by the evidence; (2) The allowance for future economic loss was also excessive and failed properly to approach the estimate of damages payable in respect of hypothetical future events. Malec v J C Hutton Pty Limited (1990) 64 ALJR 316, applied. Mallett v McMonagle (1970) AC 166; (Davies v Taylor (1974) AC 207 and McIntosh v Williams (1979) 2 NSWLR 543 applied; (3) An allowance in respect of lawnmowing services should be disallowed.

Kirby P, Clarke and Handley JJA The respondent sued to recover damages in respect of injuries received by him in five separate motor vehicle accidents. In some of the cases liability was admitted, in the others liability was established. The trial judge awarded him damages of $23,356.00 in respect of the injuries received in the first accident; $23,242.00 in respect of the injuries received in the second accident; $316,128.40 in the third accident; $1,000.00 in respect of the injuries sustained in the fourth accident; and, $750.00 in respect of the injuries sustained in the final accident.