MOORE-McQUILLAN v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1992] NSWCA 162

MOORE-McQUILLAN vy GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES

KIRBY P, CLARKE and Cripps JJA 22 April 1992, 29 May 1992

[1992] NSWCA 162

DAMAGES — injury to back, neck, left arm and left knee of journeyman boilermaker — assessment of damages no question of principle — damages for loss of earning capacity past and future and for general damages increased.

DAMAGES — injury to back, neck, left arm and left knee — journeyman boilermaker loses economic capacity — trial judge (Mitchelmore DCJ) enters judgment for $94,323 — appeal on ground of inadequacy — held: (Cripps JA; Kirby P and Clarke JA concurring): (1) The component of the judgment for future loss of earning capacity ($40,000) was manifestly inadequate even allowing for the trial judge's opinion of the plaintiff's lack of candour. This authorised allowing the appeal, a reassessment of damages by the Court of Appeal and substitution a component of $80,000; (2) Upon the reassessment, the components for general damages should also be increased from $25,000 to $45,000 and past loss of earnings from $15,000 to $25,000 — no question of principle.

ORDERS

1. Appeal allowed;

2. Judgment of his Honour Judge Mitchelmore set aside except as to costs and in lieu thereof judgment entered in favour of the plaintiff in the sum of $170,143.00; and

3. The respondent to pay the appellant's costs of the appeal.

Kirby P I agree with Cripps JA. Clarke JA I agree with Cripps JA.

Cripps JA This is an appeal from a decision of Mitchelmore DCJ on 12 February 1990 awarding damages to the plaintiff in the sum of $94,323.

The plaintiff was injured on 21 May 1985 at Broken Hill. The defendant admitted liability and the only issue before the District Court was the quantum of damages.

There were seven grounds of appeal:

"1. The amount awarded for general damages is inadequate.