GENNUSA v CLEAVELY [1991] NSWCA 98

GENNUSA v CLEAVELY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLY and MEAGHER JJA 26 June 1991, 26 June 1991

[1991] NSWCA 98

DAMAGES — FUTURE ECONOMIC LOSS Appeal from District Court — very serious injuries in motor vehicle accident — appeal in respect of general damages, interest on past general damages, and future economic loss. Held: $180,000 general damages not excessive. Held: Leave given to argue for reassessment of interest in accordance with MBP (SA) Pty Ltd v Gogic (98 ALR 193) 4% interest figure adopted. Held: No error in calculation of future economic loss. Appeal upheld, cross-appeal dismissed.

Meagher JA This is a matter in which the defendant, the Government Insurance Office of New South Wales, seeks to appeal from a judgment given in favour of the plaintiff by Smyth DCJ in the figure of $866,640.03.

The plaintiff, who was successful before his Honour, sued in respect of personal injuries sustained by him as a result of a motor car collision which occurred on 1 April 1984. He was then riding a motor bike. The question of liability was determined by Graham DCJ separately and he found that the plaintiff was entitled to a verdict and that there was no contributory negligence on his part. The matter then came before Smyth DCJ purely for the assessment of damages and they were assessed by his Honour in a judgment of 14 February 1990.

The plaintiff's injuries were very serious indeed. his Honour the trial judge found they were nothing less than catastrophic and whilst senior counsel for the appellant, Mr Donohoe QC, has cavilled at that expression, it seems to me to be amply justified. The plaintiff lost between 30 and 60% of the use of his right hand, which is the dominant hand, he sustained very serious injury to his left knee, he had a fracture apparently of his right foot, he broke his pelvis and had serious internal injuries, which eventually resulted in impotency. He also suffered loss of memory and a certain degree of incontinence. The details of his injuries are fully set out in his Honour's judgment and I shall not repeat them. But suffice it to say that they were very considerable and involved enormous medical, surgical and other expenses.