GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v QUINLAN [1992] NSWCA 93

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v QUINLAN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, CLARKE and MEAGHER JJA 21 November 1991, 20 February 1992

[1992] NSWCA 93

DAMAGES, PAST ECONOMIC LOSS, FUTURE ECONOMIC LOSS Facts: Plaintiff/respondent severely injured in 1986. Appeal on damages; that general damages, past economic loss and future economic loss components were excessive. Held (per curiam): 1. The figure of $150,000 general damages is in no way disproportionate to the plaintiff's injuries. 2. As for the figure of $49,610 for past economic loss, there was no basis on which the trial judge could safely make any further deductions. 3. Due to the trial judge's mathematical error, etc. future economic loss component must be diminished to $110,000.

Moran v McMahon [1985] 3 NSWLR 700 Planet Fisheries Pty Ltd v La Rosa (1968) 119 CLR 188 Harding v William (1963) ALR 604 (HC) Green v McKay (NSW Court of Appeal, 24 April 1991, unreported) Miller v Jennings (1954) 92 CLR 190.

Mahoney JA On 25 June 1986 the plaintiff was injured in a motor vehicle accident. She was a pillion passenger on a motor cycle which was hit by a motor vehicle. She suffered serious injuries.

On 3 August 1990 her claim for damages was determined by Bruce AJ. His Honour awarded the plaintiff $374,777.15 made up as follows:

General Damages $150,000.00 Past Economic Loss 39,340.00 Interest 10,270.00 Future Economic Loss 167,500.00 Future Medical Treatment 3,000.00 Agreed out-of-pocket expenses 4,667.15 $374,777.15 The defendant has appealed to this Court against his Honour's judgment.

Before this Court Mr Shore, for the defendant, pressed submissions in relation to three matters: general damages, past economic loss, and future economic loss.

In order to understand the submissions made for the parties, it is necessary to refer to the facts as presented at. the trial. There was, I think, no great contest as to the basic facts. The plaintiff was born on 27 January 1963. At the time of the accident she was therefore some 23 years of age. She had attended Wyong High School. During 1979 and 1980 she had, during weekends, worked in a photographic studio with a Mr Phillip Green assisting Mr Green by carrying equipment and generally observing the decorum and sequence of photography in his business. She left school at the end of 1980, having completed Year 12, and began working with Mr Green. She was involved with him in wedding photography, portraiture and other photography such as wildlife photography.