MILLS v ELLIOTT [1991] NSWCA 199

MILLS v ELLIOTT SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, HANDLEY JJA and Hope AJA 11 February 1991, 11 February 1991 [1991] NSWCA 199

Appeal from District Court — Judgment of $201,327 for injuries of a whiplash nature and consequent psychiatric depression caused by a motor vehicle accident — Little chance of improvement in pain or depression — Awards for general damages ($70,000), cleaning services and past and future economic loss not appealably excessive — Appeal dismissed with costs — No question of principle.

Mahoney JA The plaintiff was born on 2 May 1958. On 3 July 1982 she suffered a motor vehicle accident. She was then approximately twenty-four years of age.

She brought proceedings against the defendant in the District Court. His Honour Johnston DCJ on 16 June 1989 gave judgment for the plaintiff for a total of $201,327. The judgment was made up in the following way:

General damages 70,000 Interest on past general damages and past wage loss 19,738 Future medical expenses 4,265 Past massage costs 1,560 Future massage expenses 4,265 Future physiotherapy 9,952 Past expenses of household cleaning 1,560 Future household cleaning 4,739 Future psychiatric care 5,000 Past wage loss 6,060 Future economic loss 70,584 Agree out of pocket expenses 3,604

These items, as I have said, total $201,327.

The defendant has appealed to this Court against the quantum of the judgment. Liability before this Court is not now in issue.

The facts giving rise to the plaintiff's claim are not significantly in issue.

The plaintiff suffered a whiplash injury in the collision. She went home and the next morning went to the Westmead Hospital. It seems that she suffered a serious soft tissue injury in the cervical and lumbar areas. She has suffered chronic pain and, because of this, chronic depression and, I put the matter generally, there has been and appears likely to be in the future little change in her condition.