COMMONWEALTH OF AUSTRALIA v HANSEN [1994] NSWCA 61

COMMONWEALTH OF AUSTRALIA v HANSEN SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 3 March 1994, 4 March 1994

[1994] NSWCA 61

DAMAGES — multiple accidents; damages for injury arising from work related accident; trial judge's finding as to economic loss upheld

Sheller JA The respondent, Kenneth Hansen, was involved in three accidents: a motor vehicle accident which occurred on 4 February 1981, a work related accident which occurred on 6 October 1984 and another motor vehicle accident which occurred on 12 March 1987.

In respect of the work related accident he commenced proceedings against his employer, the appellant, the Commonwealth of Australia, in April 1985 claiming damages for injuries suffered. These proceedings together with proceedings he commenced against other defendants in respect of the motor vehicle accidents were heard together by Levine J. There was no order for consolidation.

His Honour gave judgment on 29 September 1992. In the work accident proceedings his Honour gave the respondent a verdict in a tote' amount of $193,230.27 which included a component for general damages of $65,000 and a component for future economic loss of $66,390.

The Commonwealth appeals against the award of general damages and against his Honour's assessment of future economic loss. The respondent was born in 1936 and was fifty-six at the date of the trial. At the time of the accident in 1984 he was employed at Garden Island Naval Dockyard. On 6 October 1984 he was working with others at HMAS Cook on an oceanographic winch holding a five foot long tension wrench. The socket at the end of the wrench was inserted into the winch and force applied. The drive pin sheared the wrench which catapulted forward and the respondent went forward with it. The supervisor then brought that particular job to an end.