GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MICHAEL JAMES FRANKS [1993] NSWCA 112

GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES v MICHAEL JAMES FRANKS

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA, HANDLEY JA and Cripps JA 23 March 1993

[1993] NSWCA 112

FACTS: The plaintiff was injured in a motor vehicle accident for which he was awarded, amongst other amounts, an amount of $57,200 for past economic loss. The appellant has brought the appeal against the quantum of this head of damage.

HELD: (per curiam)

(1) The amount awarded by the trial judge was modest in the circumstances and need not be disturbed.

Meagher JA. This matter is an appeal from a judgment of the District Court entered on 4 December 1991. The judgment is a judgment of Judge J B Phelan. In my view, the appeal should be dismissed with costs.

The plaintiff was involved in a motor car accident and the appeal is an appeal on quantum. It is not an entirely easy case because of the somewhat evanescent nature of the plaintiff's activities.

He was born July 1960 and left school when he was fourteen years. Thereafter he adopted a number of occupations. He worked for three months as a shop assistant. He worked for three months as an apprentice butcher. He worked in cello papers. He worked for McWilliams Wines. There followed a series of jobs. He worked with Ace Gutters and then at the Flemington Markets and all of these periods were punctuated by some periods of unemployment.

During 1985/86 he went to Tasmania. When he came back he started a business on his own at Wyong which I am told is on the North Coast. There were four partners, one of which was his wife. Various partners came and went and he eventually ended up being in sole partnership with his wife.

The accident took place in April 1987. The verdict from his Honour was $129,442.26. Of that the sum of $50,000 was awarded for pain and suffering. Although covered in the Notice of Appeal that has not been the subject of any submissions. Past economic loss, however, was covered by an award of $57,200 and that was the subject of some very considerable debate. Future economic loss was $22,000 and medical expenses $242.26. The principal debate was concerning the appropriateness of $57,200.