GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v HENG CHIENG LAI [1992] NSWCA 86

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v HENG CHIENG LAI

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY; PRIESTLEY and SHELLER JJA 1 April 1992, 1 April 1992

[1992] NSWCA 86

MOTOR VEHICLE ACCIDENT — CONTRIBUTORY NEGLIGENCE — DAMAGES — FUTURE ECONOMIC LOSS — MEANING OF MASTER'S JUDGMENT APPEAL from Common Law Division — Motor vehicle accident. CONTRIBUTORY NEGLIGENCE — Whether driver making a right hand turn from centre of the road is required to maintain constant lookout to the rear — No contributory negligence. DAMAGES — Future economic loss — Meaning of Master's judgment.

ORDER Appeal dismissed with costs.

Mahoney JA The plaintiff, Mr Heng Chieng Lai, came to Australia in November 1980. He had a more or less continuous work history until 8 July 1986 when he suffered the accident which is the subject of the present proceedings. The accident occurred when he was some twenty-six years of age.

On 3 April 1987 proceedings were commenced to recover damages for the accident and on 24 October 1990 Master McLaughlin gave judgment for the plaintiff in the sum of $320,049. The defendant, the Government Insurance Office of New South Wales, has appealed to this Court against that judgment.

The appeal as originally laid was brought on a number of grounds and in respect of a number of matters. However, Mr King informed the court today that the appeal would be pressed only in respect of two matters, the issue of contributory negligence and an aspect of the award of future economic loss included in the judgment. (Mr King, in abandoning the other grounds of appeal, has not abandoned anything of significance for his client).

In order to determine the issues it is necessary to refer briefly to the facts of the matter. The facts were found by the Master and his findings are not the subject of attack, at least to any extent relevant. The Master stated his findings in the following form: