NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v RAYNER [1993] NSWCA 197

NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v RAYNER

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

KIRBY P, MAHONEY and Cripps JJA 19 March 1993, 19 March 1993 [1993] NSWCA 197

DAMAGES — motor vehicle injury — chronic neck and back pain — psychiatric disability and depression — female prison officer — dismissed from position on grounds of disability — subsequent intermittent work record — trial judge (Mahoney DCJ) allows past economic loss at $98,731 and future economic loss at $232,047 — insurer appeals — held: (Kirby P; Mahoney and Cripps JJA concurring):

(1) As to the allowance for 10 years total incapacity, this did not show error given the medical evidence and the discount of 25% for future contingencies;

(2) As to the allowance of 15 years partial incapacity for work, this showed no error sufficient to warrant disturbance by the Court of Appeal - estimation of the impact of depression and psychiatric disability on the plaintiff in the future was a matter peculiarly for the trial judge who observed her give evidence - possibilities and not just probabilities had to be allowed for.

Malec v J C Hutton Proprietary Ltd (1990) 64 ALJR 316 (HC) applied;

(3) Appeal dismissed.

ORDERS Appeal dismissed with costs.

Kirby P Ms Lynn Rayner (the respondent) was injured on 27 November 1985 near Bankstown. The motor vehicle that she was driving was struck from behind by another motor vehicle. The circumstances in which she received her injuries give rise to liability in negligence in the appellant.

A female prison officer suffers physical and psychiatric injuries Liability to the respondent was admitted at the trial. This took place before his Honour Judge Mahoney QC in the District Court in May and November 1991. His Honour entered judgment in favour of the respondent, initially, in a rounded sum of $443,000. Subsequently, as it was agreed before this Court today, judgment was entered in the sum of $444,220.90. In due course, I will set out the component parts of that judgment.