ALEXANDROU v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1994] NSWCA 4

ALEXANDROU vy GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY AP, MEAGHER and POWELL JJA

2 March 1994, 2 March 1994

[1994] NSWCA 4

Damages — Personal Injuries — No question of principle

Mahoney AP The court is in a position to give judgment now and I will ask Powell JA to give the first Judgment.

Powell JA This is an appeal from judgment delivered and verdicts entered by Sheller JA on 26 August 1992 in two separate actions which the Appellant, Mr Alexandrou, had brought to recover damages in respect of injuries which he claimed to have suffered as a result of two motor accidents - the first on 21 September 1982 and the second on 19 November 1984 - in which he was involved.

In the first accident, which occurred at a time when the Appellant was seated in his motor car while it was stationary in Canterbury Road, Belmore, the Appellant's motor car was struck from behind by a truck owned by the Public Transport Commission of New South Wales and driven by a Mr Stojanovski, they being originally joined as the second, and first, Defendants in the proceedings which, in 1984, were commenced in the District Court on behalf of the Appellant - those proceedings appear to have been transferred to this Court in 1991.

The Statement of Claim filed in the District Court contained the following (inter alia) "particulars":

Particulars of Injuries

The Plaintiff hit his head on the windscreen of the motor vehicle and then the side door of the motor vehicle resulting in a period of unconsciousness for about five minutes. He was taken to Canterbury Hospital and then referred to his doctor.

(a) A head injury.

(b) Neck injury

(c) Soft tissue injury to cervical spine.

Economic Loss

The Plaintiff was aged 36 at the time of the accident. He had been self employed in a take away food business prior to the accident and his intention had been to purchase another business. It is alleged that as a result of the injuries sustained the Plaintiff is incapable of attending to a similar business or finding permanent employment and will lose wages and profits. Further particulars will be supplied."