NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION (formerly GOVERNMENT INSURANCE OFFICE of NEW SOUTH WALES) v REES [1994] NSWCA 226

NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION (formerly GOVERNMENT INSURANCE OFFICE of NEW SOUTH WALES) v REES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 2 March 1994, 2 March 1994 [1994] NSWCA 226

DAMAGES — economic loss, vicissitudes of life and proper discount therefor; discount for a likely change of attitude leading to recovery; general damages; whether outside the range of sound discretionary judgment

Sheller JA The respondent, Brian Rees, sued the New South Wales Insurance Ministerial Corporation to recover damages for injuries he suffered as the result of a motor vehicle accident which occurred on 25 June 1986. Liability was admitted. The assessment of damages came on for hearing before his Honour Judge McCredie who gave judgment on 9 October 1992.

His Honour awarded the respondent damages in a total amount of $375,960 which comprised out-of-pocket expenses of $13,065; past wage loss including interest of $114,330; the Fox v Wood component of $11,262; future economic loss rounded off at $150,000; loss of superannuation $9255; and future pharmaceutical and medical expenses $10,000; and general damages of $70,000. The award for superannuation was subsequently discounted and rounded off to $7,000.

The Corporation appealed against this verdict but when the matter came on for hearing today in this Court the appeal was abandoned and was dismissed.

The respondent, Mr Rees, filed a Notice of Cross-Appeal limited in effect to two grounds; that the amount awarded for economic loss was inadequate, and the amount awarded for general damages was inadequate.

In its written submissions a number of other grounds of appeal were raised. Objection was taken on behalf of the Corporation to those grounds being used without being referred to in the Notice of Cross-Appeal and the respondent was given leave to amend its Notice of Cross-Appeal to accord with the written submissions.