CHAMI v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1993] NSWCA 55

CHAMI v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER and HANDLEY JJA

2 November 1993, 2 November 1993

[1993] NSWCA 55

DAMAGES — quantum — no question of principle.

Handley JA This is an appeal by a plaintiff from a decision of Judge McCredie given on 10 September 1991. His Honour found a verdict for the plaintiff and awarded damages of $28,938. The plaintiff has appealed and has sought re assessment and a higher award: in particular, the plaintiff has challenged his Honour's allowance of $1,000 for past wage loss for the period immediately after the accident, and $20,000 for general damages.

His Honour found that there was very little in the way of reliable objective signs of the injuries and disabilities of which the plaintiff complained. Accordingly, in his view - and in this respect his Honour must clearly be correct - the assessment of the plaintiff's damages depends, in broad terms, on his own credibility. The assessment of damages was complicated by the fact that the plaintiff, prior to the accident in question on 16 February 1987, had had a very chequered work history and had been off work for various periods due to a variety of other injuries.

His Honour said that he was very unimpressed with the plaintiff's evidence and he did not accept his evidence that he had experienced major problems which were all due to this car accident.

Immediately following the accident the plaintiff was admitted for observation to Sutherland Hospital where he remained for five hours. He had x rays of the skull and cervical and lumbar spine and his right knee. He was discharged with advice that he should take Codral Forte tablets for the pain and was given a certificate to be off work for a period of two weeks. His Honour expressed the view that this was a fair reflection of the extent of the plaintiffs real injuries as a result of this motor vehicle accident.