MACINKOVIC v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1993] NSWCA 167

MACINKOVIC vy GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MAHONEY, HANDLEY and SHELLER JJA 11 November 1993, 11 November 1993 [1993] NSWCA 167

DAMAGES — CREDIBILITY BASED FINDINGS — NO QUESTION OF PRINCIPLE

Handley JA This is an appeal by the plaintiff, Mrs Stana Macinkovic, from the assessment of her damages by Master Malpass in a reserved judgment given by the learned Master on 20 March 1990. The Master was called upon to assess the plaintiff's damages arising from a motor vehicle accident which occurred on 31 October 1984. Liability was not in dispute. There was a substantial issue at the trial as to the duration and extent of the disabilities suffered by the plaintiff as a result of this motor vehicle accident.

The case for the plaintiff was that she had suffered an injury to her neck in the accident and that pain and restriction of movement and disability caused by that neck injury had continued down to the date of trial and that these matters were such as to incapacitate her from any employment in the work force. At the time of the accident she had been employed for some years as a process worker in a food factory.

The Master found that the plaintiff had recovered sufficiently from the effects of her accident within some six months and that thereafter she had been fit to return to the work force. He allowed the full claim for out of pocket expenses of $2,224.75, this amount not being disputed by the defendant. He assessed the plaintiff's general damages in the sum of $30,000 and assessed her past economic loss for the closed period of six months at $5,538. He allowed interest on this amount for the period down to the date of trial in the amount of $1,869.

Mr Heazlewood who appeared for the appellant, submitted that the reasons of the Master leading to his assessment demonstrated error in a number of respects. I will return to these in a moment.