GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v LUONG [1992] NSWCA 87

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v LUONG

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, PRIESTLEY and SHELLER JJA 2 April 1992, 2 April 1992 [1992] NSWCA 87

MOTOR VEHICLE ACCIDENT — WHETHER TRIAL JUDGE IN POSITION OF ADVANTAGE IN ASSESSING EXPERT EVIDENCE AS TO BRAIN DAMAGE APPEAL from Common Law Division — Injuries in Motor Vehicle Accident — Whether trial judge in position of advantage in assessing expert evidence as to brain damage — Proper approach to evidence of Expert Witnesses. SUBJECT to agreed variation, appeal rejected.

Mahoney JA The plaintiff was injured in a motor vehicle accident on 11 May 1987. She sued the defendant in accordance with the statute for compensation for the injuries she suffered in that accident.

On 12 December 1990 Enderby J gave judgment for the plaintiff for an amount of $339,447. The judgment is made up in the following way:

SUMMARY General Damages $75,000

Interest on past general damages, assessed at $8,400 $30,000

Out of pockets $3,682

Past economic loss $47,880

Interest on past economic loss $13,406

Loss of future earning capacity $191,079 $339,447

His Honour, as the summary I have set forth indicates, awarded an amount of $8,400 as interest on past general damages of $30,000. It is agreed between counsel that this amount should not have been included in the judgment and that it must be deducted from the amount awarded. That would leave a judgment of $331,047. That is the amount which is now in issue.

There have been two main submissions made by the appellant / defendant in these proceedings. They relate to two related matters; firstly the existence of the brain damage said to have been suffered by the plaintiff in the accident and the extent of it; and secondly the question whether a proper allowance has been made in respect of one aspect of the award for past economic loss. In order to consider these two related matters it is necessary to refer to the learned judge's findings in relation to the facts.