GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v KELLY [1990] NSWCA 77

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v KELLY

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS AP, CLARKE and MEAGHER JJA

24 October 1990, 24 October 1990

[1990] NSWCA 77

KEY WORDS: DAMAGES DAMAGES — quantum — no question of principle.

ORDER Appeal dismissed with costs.

Samuels AP The plaintiff in this action, which was heard by his Honour Judge Lloyd-Jones in the District Court at Parramatta, was born on 11 July 1970 and sustained an injury to her right knee in a motor car accident which occurred on 11 March 1984 when she was about thirteen and a half years old.

She struck her right knee on the back of the seat in front of her and, because pain ensued, was taken by ambulance to Westmead Hospital on the day of the accident. She had an x-ray, which showed no fracture or dislocation. She returned to the clinic at Westmead on 16 March complaining of pain over the right patella, where there was a small effusion but full range of movement. She returned two weeks later, when on examination there was neither swelling nor effusion. There was full range of movement but the plaintiff complained of tenderness over the right patella.

The action came on in September 1986 and on that occasion medical reports were placed before the learned judge, together with some medical information from a Dr Jayasinghe, who was apparently the plaintiff's local medical practitioners and for whom later she worked as a receptionist or secretary.

Dr Donaldson, an orthopaedic surgeon who had examined the plaintiff at the request of her solicitors, said that she was suffering a post-traumatic chondromalacia patellae which should heal progressively. She required no surgical treatment and I gather, although the language of the report is not entirely clear, that he did not think that she would develop degenerative change in the future. That was the only evidence.