THE GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MADDISON [1991] NSWCA 116

THE GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MADDISON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SAMUELS JA (1) CLARKE JA (2) HANDLEY JA (3)

13 August 1991, 13 August 1991

[1991] NSWCA 116

DAMAGES — QUANTUM — NO QUESTION OF PRINCIPLE

Samuels JA This is an appeal from an assessment of damages made by Judge Solomon. Only grounds 1 and 5 of the grounds of appeal originally filed are pressed.

The learned judge accepted the plaintiff, the respondent, as a witness of truth and recorded specifically that he was impressed by her frankness. That being so there is no point in our indulging ourselves in any criticism of her evidence as it appears in the record.

Further, the learned judge accepted also the principal medical witness called in support of the plaintiff's case.

The appellant contends that the award of $55,000 for pain and suffering, loss of amenities and the like was excessive, and also that his Honour's conclusion that the plaintiff's earning capacity had been reduced by fifty per cent was not authorized by the evidence.

However, despite Mr Neil's arguments, it seems to me that granted the learned judge's findings, it cannot be said that the assessment exhibits any error which requires the intervention of this Court.

Accordingly, I would propose that the appeal be dismissed with costs.

Clarke JA I agree. Handley JA I agree.

The order of the Court is that the appeal be dismissed with costs. Counsel for Appellant: PW NEIL

Solicitors for Appellant: PANDRESAKIS (PARRAMATTA) Counsel for Respondent: P DOUGHERTY

Solicitors for Respondent. PALMER MACCALLUM AKON and McGRODER (FORBES)