ARCHER v SHUTE [1992] NSWCA 9

ARCHER v SHUTE

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

5 MAHONEY JA, PRIESTLEY JA and CLARKE JA 9 October 1992

[1992] NSWCA 9 DAMAGES — MEDICAL EVIDENCE — CAUSATION — INTEREST ON PAST ECONOMIC LOSS — NO MATTER OF PRINCIPLE

Clarke JA. This is an appeal from the judgment of Mr Acting Judge Patten,

15 as he then was, given on 15 March 1991. The claim before him was a claim by the respondent for damages in respect of injuries received by him in a motor vehicle accident on 28 February 1980.

At the trial all issues were in contest. Negligence was denied and contributory negligence was asserted and, of course, damages were in issue.

20 His Honour found a verdict for the respondent and there is now no challenge to his Honour having done so. Damages were awarded in the sum of $261,471.70 and the appellant has claimed in this court that those damages are excessive.

There are three grounds advanced in support of the appeal. The first is that his Honour erroneously found that an allergy suffered by the respondent was causally

25 related to the accident and therefore was in error when he included in his award of general damages and economicloss a component to ensure full compensation for all the effects of the accident including the allergies.

The second ground is that the rate of interest used in relation to the award in respect of general damages was erroneous. That ground has been conceded by the

30 respondent with the result that the interest on past general damages should be reduced from $13,200 to $8,800.

The third ground is that his Honour's discretion in awarding interest in respect of past economic loss miscarried insofar as he failed to take into account the unexplained delay by the respondent between the date of the accident and the

35 date of trial, a period in excess of eleven years.