FRANCICA v STATE RAIL AUTHORITY OF NEW SOUTH WALES [1992] NSWCA 71

FRANCICA v STATE RAIL AUTHORITY OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MEAGHER, SHELLER and CRIPPS JJA. 5 November 1992, 5 November 1992 [1992] NSWCA 71

JURY — ASSESSMENT OF DAMAGES — UNREASONABLE VERDICT — NECESSITY OF NEW TRIAL — SHOULD NEW TRIAL BE LIMITED OR ON ALL ISSUES The appellant was injured at work and claimed from his employer in negligence. The jury found for the appellant but awarded him only $6,040.75, which after an adjustment under s63 of the Workers Compensation Act 1987 resulted in a judgment for the respondent. The respondent conceded that there should be a new trial, and the only issue argued on appeal was whether the new trial should be limited to assessment of damages or be on all issues. Held: (1) The jury having accepted that the respondent was liable in damages to the appellant, its assessment was so unreasonable as to require a new trial. (2) As the issues of liability and damages were not completely separate, the new trial should be on all issues: Quinn v Rocla Concrete Pipes Ltd (1986) 6 NSWLR 586 at 602.

Workers Compensation Act 1987 Suitors' Fund Act 1951

Alchin v Commissioner for Railways 35 SR (NSW) 498 Quinn v Rocla Concrete Pipes Ltd (1986) 6 NSWLR 586

Sheller JA This is an appeal from a verdict and judgment returned and entered by a jury before Rolfe AJ (as he then was) on 8 March 1989. The plaintiff appeals from the decision as it relates to assessment of damages, and in the form of the notice of appeal as to his Honour's failure to discharge the jury and order a new trial, and his Honour's direction to the jury on the issues of negligence and damages.

As a result of questions put to the jury, his Honour noted that "the jury has returned a verdict for the plaintiff in the sum of $6,040.75 made up of wage loss from the date of the accident to [the date of the verdict] of $3,471.20 and general damages from the date of the accident to this date of $2,569.55". An adjustment was made pursuant to the provisions of s63 of the Workers Compensation Act in an amount of $40,279.38, with the result that there was judgment for the defendant.