GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v NGUYEN [1992] NSWCA 92

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v NGUYEN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY JJA and SAMUELS AJA 13 and 14 August 1992, 14 August 1992

[1992] NSWCA 92 DAMAGES — quantum — no question of principle.

Handley JA This is an appeal by the defendant from the judgment of Murray AJ in a running down case. Liability was in issue at the trial but the appeal has been limited to the issue of damages.

The trial judge awarded the plaintiff a total of $358,492.10 made up as follows: out of pocket expenses $1290.10, past wage loss $30,000.00, interest on past wages $7,200.00, past domestic assistance $35,000.00, future wage loss $100,000.00, future domestic assistance $100,000.00, future medicals $5,000.00 and general damages $80,000.00.

The appellant has challenged the awards for past and future domestic assistance and future wage loss. I gratefully adopt the trial judge's reasons and findings as to the plaintiff's injuries and her prospects for the future and on all medical issues.

The trial judge in a careful and fully reasoned judgment considered the plaintiff's claims for past and future domestic assistance. Again, I gratefully adopt his Honour's preliminary findings on this issue.

His Honour said:

"Prior to the accident the plaintiff said that she looked after the family home. She attended to all her own needs and the needs of her husband and two children. She did all the housework as well as the cooking, washing and ironing. Following the accident, for a period of at least six weeks following her discharge from hospital she was unable to attend to her personal needs. Since that time she has been completely unable to do the heavy housework, but has gradually increased her ability to attend to her own personal needs and the needs of her family.

She is troubled by headaches and dizziness and this impedes her with her home duties. She needs help with the hanging out of clothes, vacuuming and the like. She has problems with her memory and her ability to calculate money. She has problems with shopping, in particular with carrying heavy items. She is unable to engage in heavy lifting. She estimates that if she was able to employ help she would need such help for about two to three hours per day to handle those tasks which she is unable to do."