NSW INSURANCE MINISTERIAL CORPORATION (formerly GIO of NSW) v HASKARD [1994] NSWCA 242

NSW INSURANCE MINISTERIAL CORPORATION (formerly GIO of NSW) v HASKARD

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 5 July 1994, 5 July 1994

[1994] NSWCA 242

DAMAGES: reasonableness of general damages; exercise of discretionary judgment in regard to general damages

The respondent was involved as a passenger in a rear-end collision. The appellant contested the award made by the trial judge with respect to past economic loss, future economic loss and general damages.

The awards made under the first and second grounds of appeal were found to be within the acceptable range. However, an award of $45,000 for general damages was found to be outside the range of an appropriate exercise of judicial discretion. The Court re-assessed general damages in a total amount of $30,000.

Sheller JA This is an appeal by the Government Insurance Office, now the New South Wales Insurance Ministerial Corporation, against a judgment of Judge Lloyd-Jones QC on 20 November 1990.

On 17 May 1986 the vehicle in which the respondent was a passenger was struck in a rear-end collision. At the time of the accident the respondent was nearly 26 years old. She was seen at Liverpool Hospital on the day of the accident for neck x-rays and the provision of a cervical collar. She went to her family doctor six days after the accident and commenced physiotherapy on 26 May 1986. Thereafter she had a few visits to her family doctor and to the physiotherapist.

In November 1986 the respondent and her husband moved to Queensland where she worked in a fruit shop operated by her parents-in-law doing, amongst other things, stacking and packing and quite heavy work. She continued with this work until April 1990 when she stopped doing it because she said it had become too much for her.

The trial judge summarised her condition at the date of trial in his judgment. He described her present condition at that time as static and referred to problems she had had sleeping after the accident with severe headaches, despite having taken anti inflammatory tablets. She wore a collar for about a month but said that that tended to make the neck worse. She had problems turning her head. Physiotherapy had been of some help for a few days but the problems came back.