KONCURAT v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1992] NSWCA 124

KONCURAT v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, KIRBY P and PRIESTLEY JA 22 October 1992, 22 October 1992

[1992] NSWCA 124

APPEAL — fresh evidence alleged falsification of basic assumptions at trial — proper approach to tender — HELD: The fresh evidence should be rejected. Radnedge v The Government Insurance Office of New South Wales (1987) 9 NSWLR 235 (CA) and CSR Limited vy Bouwhuis, Court of Appeal, unreported, 23 August 1991 applied. DAMAGES — general damages — suggested inadequacy — psychiatric injury — whether normal or abnormal reaction by injured person — choice between medical opinions expressed in reports — future economic loss — judge's assessment of plaintiff and medical opinions — future medical treatment — HELD: (Priestley JA; Gleeson CJ and Kirby P concurring): No error shown — appeal dismissed.

Priestley JA On 28 April 1987 Mr Murphy Lovre Koncurat then a month short of twenty-five was badly injured in a road accident for which the Government Insurance Office later admitted liability. The injuries he suffered were described by Dr Roarty, under whose care Mr Koncurat came immediately after the accident, in a report dated 28 June 1990 as follows:

"He was a passenger on a motor cycle which was involved in a collision with a car. He was admitted to St Vincent's Hospital with compound fractures of both legs involving each tibia and fibula. There was considerable displacement. He was taken to the operating room where both fractures were reduced and immobilised in plaster. However, early after that procedure he developed a severe compartment pressure syndrome in the left leg and it was necessary for him to be taken back to the operating room for decompression. At that stage, he had weakness of his peroneal nerve and, following the decompression for the compartment syndrome, he required skin grafting procedures to cover the defect. His right leg was treated conservatively by immobilisation in plaster and he was discharged from hospital after three months and then attended the Royal South Sydney Hospital for rehabilitation for a further two months. Ever since then, he has continued to complain of pain in both legs, the left side being more involved than the right. He is unable to stand for long periods or walk long distances and he has considerable pain in and around each fracture site and, particularly in the left knee which gives way frequently. He wears a knee brace to help the stability of his knee. His left leg feels numb, the sensory disturbance extending from the site of the fracture down onto the dorsum of the left foot and this accompanied by weakness of dorsi-flexion, which causes weakness of his left leg, which tires easily on walking. His left leg swells after walking and after any moderate degree of walking he has a throbbing type of pain as though it feels bruised. He does not think any significant improvement is taking place. He has been unable to obtain any other employment."