O'REGAN v STACK [1992] NSWCA 175

O'REGAN v STACK SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, CLARKE and MEAGHER JJA 24 September 1992, 15 December 1992

[1992] NSWCA 175

APPEAL from Supreme Court — Assessment of damages — Serious physical and emotional consequences — Judgment of $483,460 — General damages $90,000 — Held: No appealable error in assessment of general damages or (Clarke JA dissenting) of future economic loss — No question of principle.

Mahoney JA On 30 March 1984 the plaintiff was injured in a motor vehicle accident. He suffered substantial injuries and was admitted to the Sutherland Hospital for treatment. On 20 April 1984 he was discharged from the hospital in a plaster cast. On 25 June 1984 he resumed work.

On 29 November 1984 he commenced proceedings to recover damages in respect of the injuries. On 16 May 1990, after a trial before Master McLaughlin, he was awarded $483,460. The defendant has appealed to this Court against the judgment given for the plaintiff.

At the trial, liability for damages was an issue. It is no longer in issue. The only matters argued on the appeal relate to the quantum of damages. The amount awarded by the Master was itemised by him as follows:

Past out of pocket expenses $17,493 Future medication and treatment expenses 10,000 Past loss of earning capacity 72,209 Interest on past economic loss 11,956 General damages 90,000 Interest on past general damages 32,949 Future economic loss 248,853 $483,460

The main components of the judgment called in question are those relating to past and future loss of economic capacity and general damages. Other items of a less substantial nature have also been the subject of submissions. In order to understand the submissions and the reasoning of the Master, it is necessary to refer to the nature of the plaintiff's injuries and the consequences of them.