BECKER v THE GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1994] NSWCA 21

BECKER vy THE GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 4 March 1994, 4 March 1994

[1994] NSWCA 21

MOTOR VEHICLE ACCIDENT — ECONOMIC LOSS — CREDIBILITY — DECEITFUL CONDUCT — UNRELIABLE WITNESS

Clarke JA The appellant brought a claim for damages in respect of injuries he received in a motor vehicle accident on 20 November 1984. Following the accident he was taken to St Vincent's Hospital and treated for a laceration to his head with an x-ray\ examination being made of his right knee and right shoulder. His right patella was found to be fractured.

The appellant said he had a tender right shoulder and tenderness in the neck region. In his claim, which was heard by Chief Judge Staunton in June 1992, he asserted that incident had led to severe neck and back problems which had in a real sense destroyed his life. The claim that he made was a very large one indeed, encompassing claims for economic loss in respect of work in the building industry and his inability to follow the sport of ice hockey as a professional.

His Honour awarded the sum of $16,249 which included $10,000 general damages and a small amount of economic loss. There is a typographical error in the judgment insofar as the general damages are recorded as $1,000, but there can be no doubt in view of the total award that that was nothing but a typographical error. That, however, seems to me to be the only error that can be found in what is a very careful analytical judgment of a potentially large claim by a person who was exposed during the hearing as a person who was something less than honest.

It may be sufficient for me simply to say that having heard the arguments on the appeal I am not satisfied that there are any errors in the judgment, but in deference to the courageous argument of Mr Andrews, I think I ought to refer to his major point.