GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v DOOLAN [1993] NSWCA 115

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v DOOLAN

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA, HANDLEY JA and Cripps JA 24 March 1993 [1993] NSWCA 115

FACTS: Appeal and cross-appeal on award damages. Appellant/plaintiff attacks reliability of evidence expert, finding of judge on economic loss sum, amount general damages.

HELD: (per curiam)

(1) The general form of the evidence and the fact that the orthopaedic surgean is a medical practitioner, attack on reliability of this evidence rejected.

(2) Figure for net economic loss derived by acturies agreed to by both parties and discount of that figure by judge below is not disturbed.

Meagher JA. In this matter the plaintiff, Mr Doolan, suffered quite a grave injury and was awarded a figure by the late Judge Lloyd-Jones in the sum of one hundred and eighty five thousand and eighty one dollars. That was made up in the sum of general damages fifty five thousand dollars, past economic loss forty five thousand dollars interest on that of thirteen thousand five hundred dollars, future economic loss seventy thousand dollars and out of pocket exprenses of one thousand five hundred and eighty one dollars.

The judgment of his Honour has attracted both an appeal on behalf of the Government Insurance Office, which is not extraordinarily unusual and a cross-appeal from the plaintiff alleging that the figure is not generous enough.

The overall view to which I come is, having considered all aspects of the matter, the appeal should be dismissed with costs and the cross-appeal dismissed with no order as to costs.

As far as general damage is concerned, the position is fairly clear. In his evidence the plaintiff said he had problems with his brain and memory. They are facts which are not difficult to understand. An orthopedaedic surgeon called, Dr Searle, supported that.