GLEESON v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1994] NSWCA 109

GLEESON v 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 109

Collision by motor vehicle with house — I injury to occupant (plaintiff) of house — credibility — trial judge's rejection of plaintiff's evidence

Clarke JA The appellant, who was born in September 1966, sustained an injury, or injuries, on 19 June 1985 when a motor vehicle left the road and collided with portion of a house in which she was at the time. There was no collision between the motor vehicle and her but she turned quickly in a moment of apprehension and undoubtedly hurt her left ankle.

She sued in respect of the negligence of the car driver. Liability was admitted and the assessment of the damages was carried out by Judge Craigie, who gave a judgment on 3 August 1992 in which he directed the entry of judgment in favour of the appellant in the sum of $5,150.50. That amount was made up of two separate components. First, the sum of $2,500 for general damages. Secondly, an agreed amount of out of pocket expenses of $2,650.

The two substantial issues at the trial were whether in the incident the appellant suffered an injury to her left ankle which was greater than a minor sprain and, secondly, whether she suffered any injury at all to her left knee in the accident of 19 June 1985. I should add, however, that the second question became more complex because there was a suggestion that an abnormality of gait resulting from disability in the left ankle may have been a cause of problems in the left knee and was the cause of problems in her back which emerged much later.

I did not understand the appellant's counsel, Mr Foord of Queen's Counsel, to be saying that if the only injury in the accident was to the left ankle and that the injury was simply a minor sprain of limited duration the amount was not a reasonable assessment. His attack on the judgment was a far more substantial one.