GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v DINKHA [1992] NSWCA 82

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v DINKHA

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, HANDLEY and SHELLER JJA 13 March 1992, 13 March 1992 [1992] NSWCA 82

DAMAGES — QUANTUM — NO QUESTION OF PRINCIPLE DAMAGES — quantum — no question of principle.

ORDERS

1. Appeal allowed.

2. Set aside the verdict and judgment in the sum of $17, 000 and in lieu thereof substitute an award for $8,823.40, such judgment is to take effect from 20 April 1990.

Gleeson CJ I will ask Mr Justice Handley to give the first judgment.

Handley JA This is an appeal by the defendant, the Government Insurance Office,from a judgment given by his Honour Judge Grogan in the District Court at Parramatta on 20 April 1990. His Honour found a verdict for the plaintiff, assessed damages at $17,000 and entered judgment for that amount. In this Court the only grounds of appeal have related to the issue of damages.

The plaintiff was injured as a result of a motor vehicle accident on 21 August 1985 when the car that she was driving was struck from behind by a vehicle driven by a person insured by the appellant. Although liability was in issue at the trial his Honour noted that there was in truth little dispute on that issue and liability has not been contested in this Court.

There was however a major issue at the trial on the question of damages. We have been referred to the findings by the trial judge which were extremely adverse to the plaintiff, the plaintiff's husband and to another witness, a Mr Youkhana who was called in the plaintiffs case.

In the end, despite rejecting a great deal of the plaintiff's evidence as to her continuing symptoms and disabilities his Honour found that on the balance of probabilities she had suffered a mild cervical soft tissue injury as a result of the accident from which she recovered within a matter of months. On this basis, his Honour supported his assessment of damages.