GOVERNMENT INSURANCE OFFICE OF NSW v GOYKOVIC [1990] NSWCA 70

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

KiRBY P and MEAGHER and HANDLEY JJA 10 May 1990, 10 May 1990 [1990] NSWCA 70

DAMAGES — personal injuries in motor collision — female plaintiff 47 at trial — $75,000 for general damages — severe facial and dental injuries — several teeth broken — 5 months dental treatment — cosmetic injury — horseshoe shaped scar on front of chin — photographs taken immediately after injury show disfigurement — no later photographs available — plaintiff not in court at hearing of appeal — held: damages not so high that Court should interfere. Ralevski v Dimovski and Anor (1987) 7 NSWLR 487 referred to. APPEAL — damages for personal injury — cosmetic injury- photographs — observations on the desirability of photographs of cosmetic condition at or near the time of trial so that, in the event of an appeal, the

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Appeal dismissed with costs.

Meagher JA The plaintiff in this case Mrs Goykovic, who is the present respondent, was involved in a motor car accident, a head on collision, on 28 February 1986. The offending vehicle, for whom the present appellant is responsible, has admitted liability, and the question which concerns us, and the only question which concerned his Honour, was the question of quantum of damages.

The collision itself was one of some violence which caused the plaintiff to collapse with shortness of breath. When she was released from the wreck of her motor vehicle she was bleeding. She was treated at the Hornsby Hospital for four or five hours and thereafter released. But her injuries were, on any view, quite considerable and his Honour ended by giving her a verdict of $83,843.77. Of that figure the chief component was $75,000 for general damages, which the present appeal challenges.