GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v COLLIER [1992] NSWCA 80

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v COLLIER

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and SHELLER JJA 3 April 1992, 29 May 1992

[1992] NSWCA 80

ADMITTED ERRORS IN ASSESSMENT OF SEVERAL COMPONENTS — CAN ERRORS BE CORRECTED ON APPEAL? — HELD: ERRORS SHOULD BE CORRECTED ON APPEAL APPEAL from District Court — Assessment of damages — Several admitted errors in assessment of several components — Can errors be corrected on appeal? — Whether to be inferred that Judge's approach was fundamentally flawed — Correction of errors where assessment of plaintiff's credibility involved. HELD: Errors should be corrected on appeal.

Orders

(1) Appeal upheld.

(2) Judgment set aside.

(3) Judgment for plaintiff for $170,461.45 to take effect from 4 June 1990

(4) Plaintiff to pay defendant's costs of the appeal and, if entitled, to have a certificate under the Suitors Fund Act.

Mahoney, Priestley and Sheller JJA On 9 September 1986 the plaintiff Mrs Collier was injured in a motor vehicle accident. She sued the defendant Office as the appropriate defendant in such a proceeding. On 4 June 1990 his Honour Judge McDevitt gave judgment for the plaintiff for $315,369.

The defendant has appealed to this Court against his Honour's judgment. His Honour's award was made up of the following components:

General damages $95,000 Interest on past pain and suffering $18,375 Past economic loss $47,782 Interest on past economic loss $25,000.85 Future economic loss $129,127

Mr Petty, for the appellant/defendant, and Mr Foord QC, for the respondent/plaintiff, are agreed that there are in his Honour's award at least six errors of substance. These are:

(1) An error in the addition of the component parts of the judgment.

They total $315,284.85 and not the sum of $315,369 which his Honour awarded.