TILLOTT v TILLOTT [1991] NSWCA 266

TILLOTT v TILLOTT

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY JJA and WADDELL AJA 28 November 1990, 14 June 1991

[1991] NSWCA 266

DAMAGES — motor vehicle accident — quantum — award of pre-trial general damages and damages for loss of economic opportunity below a sound discretionary judgment — appeal argued before MPB (SA) Pty Ltd v Gogic, High Court, 26 February 1991 — rate of 4% applied to pre-trial non-economic loss — otherwise no question of principle.

Mahoney JA I agree with the judgment of Waddell AJA. Priestley JA I agree with Waddell AJA.

Waddell AJA This is an appeal from a decision of Associate Judge Craigie (as he then was) delivered on 8 February 1989 in the District Court in which his Honour gave judgment for the appellant in the sum of $191,281.07 damages for injuries which she received in a motor vehicle accident on 21 March 1978. The appellant was a passenger in a car driven by her husband which collided with a vehicle being driven in the opposite direction which turned across its path. The proceedings commenced on 28 February 1978. Liability was admitted. The trial took place on 6 and 7 February 1989.

His Honour awarded $25,000 for past pain and suffering and loss of amenities and $45,000 for the future. He also awarded $25,000 for loss of economic opportunity to engage in employment. The appellant claims that each of these awards was below that of a sound discretionary judgment. His Honour ordered $7,500 interest on the total award for general damages. The appellant claims that he erred in law in the basis which he adopted for this calculation and that interest should also be allowed on amounts which should be assessed for past loss of earning capacity.

As to general damages, the appellant accepts the award of $45,000 for future damages and submits that the award for past damages should be increased also to $45,000, making a total of $90,000, instead of $70,000 as ordered by his Honour.