YALLOURIS v BALMAIN DISTRICT HOSPITAL [1994] NSWCA 354

YALLOURIS v BALMAIN DISTRICT HOSPITAL

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 3 March 1994, 3 March 1994 [1994] NSWCA 354

NEGLIGENCE — psychological or psychiatric condition — whether caused by industrial accident — whether trial judge erred in concluding that appellant was "consciously malingering" — held: there was ample evidence on which the trial judge could find that appellant was "consciously malingering"'.

Clarke JA I will ask Handley JA to give the first judgment.

Handley JA This is an appeal by the plaintiff from a decision of his Honour Judge McLachlan in an industrial accident case. The plaintiff was injured in two accidents in the course of his employment with the Balmain District Hospital as a maintenance fitter.

The first accident occurred on 10 May 1983 when the plaintiff hurt his back and finger when a large metal screw some feet in length suddenly came loose and the plaintiff suddenly took the whole weight because his assistants let go.

The second accident occurred on 26 August 1983 when the plaintiff fell from a ladder onto his left hand side striking his head against the ground. He was off work for only a short period after the first accident and was away for ten days after the second. He then returned to work and continued at work with the hospital until August 1985 when owing to an unsatisfactory attendance record his employment was terminated.

The action was heard by Judge McLachlan in May 1990, judgment being given on 9 May. This appeal has taken a long time to come on for hearing and is more than two years older than other appeals heard by this Court in the damages list this week. The Court has not been responsible for the additional delay in the present case. The trial Judge assessed the plaintiff's damages at $68,901.54 and after deducting workers' compensation payments entered judgment for $54,035.20.