THE GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v ALLEN [1991] NSWCA 105

THE GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v ALLEN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, SAMUELS and MAHONEY JJA 1 February 1991, 1 February 1991

[1991] NSWCA 105

Appeal from District Court — Damages in motor vehicle accident case — $70,000 not excessive for general damages — No appealable error in assessing medical evidence or discount for vicissitudes — Appeal dismissed with costs — No question of principle.

Mahoney JA The plaintiff was born on 7 October 1330. On 8 March 1985 he suffered a motor car accident which is the subject of the present proceedings. He was on his way to work. He was involved in a minor collision. That collision apparently caused what has been described as a whiplash injury. He went to work temporarily but was unable to sustain the work and went home. It is in respect of the consequence of that accident that the present proceedings have been brought

On 16 August 1989, after a trial before his Honour Judge Ward in the District Court, his Honour gave judgment for the plaintiff in the amount of $214,302. That amount included $70,000 for general damages which the learned judge divided in the following manner: as to past general damages $40,000; as to future general damages $30,000.

The present appeal is brought in respect of two matters. First it is submitted that in relation to the award of general damages the amount assessed by his Honour was excessive, and excessive in respect of future economic loss. It is submitted that his Honour, having discounted the plaintiff's anticipated future earnings by some 20 per cent, had fallen into error and that the amount of the discount should have been greater, of the order of 30 per cent or more. In order to appreciate the submissions that have been made, it is necessary I think to refer only briefly to the facts.