UNAL CELIK v IBRAHIM DALLIAGLIOGLU [1993] NSWCA 53

UNAL CELIK v IBRAHIM DALLIAGLIOGLU SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

CLARKE JA, MEAGHER JA and HANDLEY JA 2 November 1993

[1993] NSWCA 53 FACTS

Appeal on the alleged inadequacy of damages awarded to a plaintiff who had been involved in four motor vehicle accidents. Proceedings were complicated by the fact that the appellant had suffered similar but unrelated injuries at work, and also because the plaintiff's schizophrenia rendered his testimony unreliable.

HELD:

No question of principle, and no error in the judgment of his Honour.

Meagher JA. In this case the plaintiff appeals against the inadequacy of verdicts given in his favour by Associate Judge Cramer-Roberts on 19 September 1990.

The plaintiff was born in Turkey, and migrated to this country in 1972 after a period of working in Germany. His experiences in this country have not been entirely happy.

He worked at Port Kembla Steelworks and suffered a work injury on 5 September 1972. He, at a later stage, worked at Ralph Symonds and suffered a work injury on 3 April 1975 and one on a date which seems to be unknown. Since the Ralph Symonds work injuries he has not worked. Also, at about this stage, there was born to him a son who turned out to be a spastic which must have caused stress for him. I mention this by way of background. It is not directly relevant, but it is indirectly relevant to the cause of action now in question.

The plaintiff sued, not in respect of any of the work injuries, but in respect of the motor car accidents — four in number — the first on 11 July 1976, the second on 3 January 1985, the third on 9 January 1987 and the fourth on 19 January 1987.

As far as the first motor accident was concerned his Honour allowed the sum of $6,000.00 for general damages, interest of $6,802.00 and out-of-pocket expenses of $523.00, giving a total of $13,325.00. This is claimed to be inadequate.