RUDNER v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1992] NSWCA 218

RUDNER v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, SHELLER and CRIPPS JJA 29 April 1992, 11 June 1992 [1992] NSWCA 218

Damages — quantum, personal injury Evidence — when an appellate court will interfere with a trial judge's findings. Costs — principles for interference with a trial judge's order.

The plaintiff was injured in a motor accident caused by the defendant's negligence. The plaintiff claimed that she suffered additional damage to her spine and left leg which had previously been damaged in an accident.

The trial judge concluded that the motor incident was minor in nature. The trial judge did not accept the plaintiff's case and concluded that the motor accident caused only a temporary exacerbation of her condition which soon returned to the same condition she would have been in had it not occurred.

On appeal it is claimed that the trial judge erred in not finding that most of the disabilities suffered by the plaintiff were the result of this most recent accident.

It is also claimed that the trial judge erred in firstly, allowing certain evidence pursuant to Pt33 r8A of the Supreme Court Rules and secondly, in ordering that the plaintiff pay three quarters of the defendant's costs and the defendant pay one quarter of the costs of the plaintiff.

Held: (Mahoney, Sheller, Cripps JJA)

There is nothing to suggest the trial judge had erred in his finding on the evidence or that he misunderstood the evidence.

(Sheller, Cripps JJA) No error is demonstrated to the effect that his Honour erred in not allowing an amount of $2337 in out of pocket expenses.

(Sheller, Cripps JJA) It is not necessary to determine whether his Honour was in error in admitting the statement of claim and particulars of injury furnished pursuant to Pt33 r8A and to draw inferences adverse to the plaintiff with respect thereto.