GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v STACEY COLLINGWOOD BY HER NEXT FRIEND HELEN COLLINGWOOD [1990] NSWCA 69

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v STACEY COLLINGWOOD BY HER NEXT FRIEND HELEN COLLINGWOOD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS, PRIESTLEY and MEAGHER JJ

14 May 1990, 14 May 1990

[1990] NSWCA 69

DAMAGES — quantum — no question of principle.

Samuels JA The plaintiff in this action, heard by Judge McDevitt on 5 September 1988, was born on 26 September 1972 and was almost fourteen when, on 5 July 1986 she sustained injuries in a motor car accident, and was almost sixteen at the date of the trial.

She was riding in the rear of a van of some kind which got out of control and turned over several times on a country road with the result that the plaintiff was flung about in the rear of the van. She sustained what was certainly severe bruising to her spine and injuries to the face and eye which were fortunately of little importance and need not be further noticed.

There was some question at the trial whether she had become aware of symptoms in her back immediately after the accident or whether they had not manifested themselves until some four months had elapsed. She said that she was aware of them immediately after the accident but, believing that they would disappear, did not report them to her mother or seek any medical assistance.

The learned judge found the plaintiff to be entirely reliable and indeed inclined, if anything, to minimise her symptoms. He assessed her damages in the sum of $60,481.60 which is made up of $60,000 for what were described as general damages, that is damages for pain and suffering, loss of amenities and so forth, the balance being in respect of an agreed amount of out of pocket expenses.

The defendant appealed substantially on the ground that the award of $60,000 was manifestly excessive, and sought also to invoke various alleged errors in the learned judge's reasoning and the absence of evidentiary material for certain of his conclusions.