GOVERNMENT INSURANCE OFFICE OF NSW v GOLBY [1992] NSWCA 84

GOVERNMENT INSURANCE OFFICE OF NSW v GOLBY SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 9-10 March 1992, 15 April 1992

[1992] NSWCA 84

APPEAL FROM DISTRICT COURT — ASSESSMENT OF DAMAGES IN MOTOR VEHICLE ACCIDENT CASE — APPEAL ON GROUND OF MISCARRIAGE OF TRIAL BECAUSE OF MISCARRIAGE OF TRIAL BECAUSE OF JUDGE'S INTERVENTION IN THE CONDUCT OF THE CASE — SUBMISSIONS BASED ON INTERVENTION BY JUDGE IN QUESTIONING OF WITNESSES AND ON EXCHANGES BETWEEN JUDGE'S INTERVENTIONS DENIED THE PARTIES A FAIR TRIAL OR CAUSED APPEARANCE OF BIAS — HELD: JUDGE'S INTERVENTIONS CAUSED A MISCARRIAGE OF TRIAL AND LED TO APPEARANCE OF BIAS.

APPEAL FROM DISTRICT COURT — ASSESSMENT OF DAMAGES IN MOTOR VEHICLE ACCIDENT CASE — APPEAL ON GROUND OF MISCARRIAGE OF TRIAL BECAUSE OF JUDGE'S INTERVENTION IN THE CONDUCT OF THE CASE — SUBMISSIONS BASED ON INTERVENTION BY JUDGE IN QUESTIONING OF WITNESSES AND ON EXCHANGES BETWEEN JUDGE AND COUNSEL — WHETHER JUDGE'S INTERVENTIONS DENIED THE PARTIES A FAIR TRIAL OR CAUSED APPEARANCE OF BIAS — HELD: JUDGE'S INTERVENTIONS CAUSED A MISCARRIAGE OF TRIAL AND LED TO APPEARANCE OF BIAS.

ORDERS

(1) Judgment of Lloyd-Jones DCJ set aside except as to costs and the case be remitted to the District Court for a new trial limited to damages.

(2) Respondent to pay the appellant's costs of the appeal and to have a certificate under the Suitor's Fund Act in respect of those costs.

Clarke, Handley and Sheller JJA The respondent was injured in a motor vehicle accident which occurred on 10 May 1985 and brought proceedings against the appellant to recover damages in respect of his injuries, disabilities and other losses. Liability was admitted by the appellant and the trial proceeded as an assessment of damages. It was a lengthy trial extending over six days of hearing at the conclusion of which the trial judge, Lloyd-Jones DCJ, reserved his judgment. On 7 August 1990 he published his reasons for judgment and ordered that there be judgment for the respondent for $455,000 plus agreed out of pocket expenses.