NSW Caselaw
THE NOMINAL DEFENDANT v CHAPMAN SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
MAHONEY CLARKE MEAGHER JJA 18 October 1991, 30 October 1991
[1991] NSWCA 216
APPEAL from District Court — Injuries in motor vehicle accident.
INTEREST ON OUT OF POCKET EXPENSES — Error in allowing interest on unpaid out of pocket expenses — Judgment to be amended.
INTEREST ON PAST GENERAL DAMAGES — Award of interest on past general damages — Application of MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 — 4% adopted in particular case — Award by judge of 6% not shown to result from discretionary judgment.
GENERAL DAMAGES — Not appealably excessive.
PAST ECONOMIC LOSS — No error in amount awarded.
FUTURE ECONOMIC LOSS — Award for risk of future loss not wrong.
Mahoney JA On 22 August 1979 the plaintiff was injured in a motor vehicle accident for which the defendant now accepts responsibility. On 14 October 1980 the plaintiff commenced proceedings against the defendant in the District Court. On 28 March 1991 his Honour Acting Judge Patten gave judgment for the plaintiff in the sum of $344,150.44.
The defendant has appealed to this Court in respect of the quantum of the judgment given against it.
The judgment was made of the following components:
1. General Damages $80,000
2. Interest on General Damages 20,700
3. Past Economic Loss to December 1982 58,643
4. Interest on 3. 86,352
5. Past Economic Loss from January 1983 to February 50,000 6. Interest on 5. 30,000
7. Future Economic Loss 5,000
8. Out of Pocket Expenses 10,996.44
9. Interest on Out of Pockets 2,459
$344,150.44.
The defendant, in its amended grounds of defence, has appealed in respect of the amounts included in the judgment in respect of interest, general damages, and past and future economic loss.
Having regard to the grounds of appeal as argued and the submissions as made to this Court, it is not necessary to refer in detail to the facts. The plaintiff's injuries were very severe. He was in hospital for various purposes and on various
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