GREEN v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1992] NSWCA 97

GREEN vy GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and SHELLER JJA 30 March 1992, 7 April 1992 [1992] NSWCA 97

DAMAGES — The appellant was injured in a motor vehicle accident and recovered damages. He appealed against the quantum of damages on two grounds: (i) that the trial judge failed to give sufficient weight to what the appellant's earning capacity would have been but for the injuries; (ii) that the trial judge in assessing damages erred in law by taking into account an invalid pension the appellant had received.

Held The appellant had failed to show any ground upon which the Court could interfere with the judgment of the trial judge. Appeal dismissed with costs. Motor Vehicles (Third Party) Insurance Act Social Security Act 1947 Redding v Lee (1983) 151 CLR 117

Mahoney JA I agree with the judgment of Sheller JA. Priestley JA I agree with Sheller JA.

Sheller JA This is an appeal by a plaintiff from a verdict and judgment given by Judge Nield in the District Court at Dubbo on 8 November 1989. The total amount of the verdict was $122,933. Of this $20,000 was damages for interference with wage earning capacity from 21 January 1985 to the date of the judgment together with interest thereon for 4 years 10 months at an average rate of 7.5%, totalling $7,245, and $37,757 damages for future interference with wage earning capacity. As it was argued before us the plaintiff's appeal was limited to what was said to be the inadequacy of the damages awarded under these heads. This was further distilled in argument to two issues; first, that his Honour had not given sufficient weight to what the appellant's earning capacity would have been if he had not suffered the injuries, the subject of the proceedings and, second, that his Honour erred in law when assessing the amount for interference with wage earning capacity prior to judgment in taking into account an invalid pension which the plaintiff had been receiving since some date in 1985.