GEORGE BRADIC v JESSIE ZAPPIA [1990] NSWCA 29

GEORGE BRADIC v JESSIE ZAPPIA

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS, PRIESTLY and CLARKE JJA 30 October 1990, 30 October 1990 [1990] NSWCA 29

KEY WORDS: DAMAGES — APPEAL — EXCESSIVE — NO QUESTION OF PRINCIPLE ALLOWED/DISMISSED: ALLOWED

Clarke JA On 24 February 1989 his Honour Judge Johnston found a verdict in favour of the respondent in an assessment of damages in the sum of $70,804.30. This appeal concerns two elements which went to make up the total figure. They were the allowance of $20,000 for past economic loss and $27,500 for general damages. Obviously if there is any interference with either of those amounts there will be an impact on the interest awarded.

The respondent was assaulted on 25 June 1985 by the late Alexander Bradic, the administrator of whose estate is the present appellant. What occurred was that in the course of his duties as a psychiatric nurse he attended at the deceased's premises in order, I think, to counsel him. When the deceased opened the door he, that is the deceased, struck the side of the respondent's face, twisted his arm up behind his back in what must have been a devastating manner, wrestled with him and rammed him repeatedly against the back of a built-in cupboard.

In addition he attempted to gouge the respondent's eyes. In the course of this assault both men lost their balance and ended up on the floor. It is difficult to say how long the assault lasted but on any view it must have been a frightening experience to the respondent.

At some stage when both men were on the ground the deceased got off the respondent and said to him, "It's your turn now. You can do what you like with me." Not surprisingly, the respondent did a bolt. He managed to drive his vehicle, with difficulty, to the local police station and from there obtained a lift to the Blue Mountains District Hospital where he was found to have suffered from an anterior dislocation of the left shoulder. This must have occurred when the deceased twisted the respondent's arm behind his back.