LAZAR v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1992] NSWCA 130

LAZAR y GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CRIPPS, PRIESTLEY and CLARKE JJA 15 September 1992, 20 November 1992

[1992] NSWCA 130

This was an appeal on the trial judge's assessment of damages arising from a motor vehicle accident on 25 December 1986 in which the appellant was injured. Held: The trial judge did not err in not awarding agreed out-of-pocket expenses. The trial judge did err in failing to award interest on past economic loss but that alone was no reason to reassess the whole claim as it is a severable item and (although not fully argued) could be fixed under the slip rule.

District Court Act 1973 s83A District Court Rules Pt17 R10 Abalos v Australian Postal Commission (1990) 171 CLR 167 SS Honestroem v SS Sagaporack [1927] AC 37 Beneke v Franklin [1975] 1 NSWLR 571 L Shaddock and Associates Pty Ltd v The Council of the City of Parramatta (1982) 151 CLR 590 Brew v Whitlock (No 3) [1986] VR 504 Whitlock v Brew (1968) 118 CLR 445

Cripps JA This is an appeal from the decision of Conomos DCJ on 6 March 1990 entering judgment for the respondent in the sum of $9948.27.

The appellant was injured in a motor vehicle accident on 24 December 1986. He sued the respondent for damages. The issues before Conomos DCJ were liability and damages. Conomos DCJ found for the appellant on liability. There is no appeal against that finding. The appeal is limited to the learned judge's assessment of damages.

The award of damages was made up as follows:

General damages $6,000.00

Out-of-pocket expenses 841.27

Past wage loss 3,107.00 $9,948.27

The amended grounds of appeal are as follows.

1. The award of $6,000 for general damages for pain and suffering and loss of amenities was inadequate and below the range of sound judicial discretion.