GOVERNMENT INSURANCE OFFICE v BECHARA KOZMA [1993] NSWCA 121

GOVERNMENT INSURANCE OFFICE v BECHARA KOZMA SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Mauoney JA, MEAGHER JA and SHELLER JA 18 August 1993

[1993] NSWCA 121

FACTS: Motorcyclist/insured, as a _ result of negligence, collided with pedestrian/respondent on median strip who was ultimately awarded general and special damages. Insurer/appellant appealed on grounds of contributory negligence and incorrect calculation economic loss.

HELD: (per curiam)

(1) Contributory negligence cannot be found on facts. (2) Evaluation and discount of economic loss should not be disturbed.

Meagher JA. In this matter the plaintiff, Mr Kozma, suffered an injury at Redfern when he was crossing a road and he was knocked down by a motorcyclist for whose conduct the appellant, the Government Insurance Office, is responsible. There is no question but that the motorcyclist was negligent.

The result of the accident was that the plaintiff in the first place suffered from serious injuries and in the second place had to close down the small mixed goods business which he had been conducting. He was then aged 68 and he had intended to conduct the business for at least another five years.

His Honour awarded him a verdict of $59,326 which is made up of the following four components — general damages, a comparatively modest sum of $15,000;out of pockets $326; past economic loss $32,000; interest on past economic loss $12,000.

That award of damages has been attacked by the appellant on what are now three grounds. The first ground is that his Honour should have found contributory negligence and did not. The relevant facts of the matter are that the plaintiff, who was elderly, was incapable of walking quickly because of a childhood injury, and crossed the road when the lights were green and just before they had turned red had almost but not quite reached the median strip. He was in that position when the cyclist ran him down.