NSW INSURANCE MINISTERIAL CORPORATION (FORMERLY GIO OF NSW) v ADAMS [1994] NSWCA 240

NSW INSURANCE MINISTERIAL CORPORATION (FORMERLY GIO OF NSW) v ADAMS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY, MEAGHER and HANDLEY JJA 12 October 1994, 12 October 1994

[1994] NSWCA 240

FACTS: The appellant challenged the quantum awarded for general damages, past economic loss and future economic loss.

HELD:

(1) As to general damages appeal allowed.

(2) As to past economic loss appeal allowed.

(3) As to future economic loss figure not to be disturbed.

ORDERS:

(1) Appeal allowed.

(2) Verdict below to be set aside and verdict to be entered in manner set out in judgment and figures to be submitted by counsel.

(3) No order as to costs.

Priestley Jameagher JA will give his reasons first.

Meagher JA This is an appeal by the Government Insurance Office against the verdict and judgment in favour of the respondent/plaintiff, Mrs Adams, in respect of an accident she suffered on 25 November 1985 when she was aged. The matter came on before his Honour Judge Barbour for assessment only. She was a nurse. Her case came on for hearing in December 1991 and March 1992 and the verdict was announced fifteen months later, in June 1993. The total amount of the verdict is $341,580.

The appellant's case consists of an attack on three figures. The first is the figure for general damages which was $85,000; the second was for past economic loss which was $78,000; and, the third is for future economic loss which was $135,000.

As far as general damages are concerned, I am of the view that whilst the figure is very high it is not so high as to be outside his Honour's discretionary range. It is beyond doubt that the plaintiff suffered very serious injuries and her account of them was accepted by his Honour, as was her doctor's account of them. The disabilities she suffered from were grave and they are, unhappily, likely to continue. I would not accept that ground of the appeal.