DJUKIC v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1994] NSWCA 85

DJUKIC vy GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, HANDLEY and SHELLER JJA 28 February and | March 1994, 1 March 1994

[1994] NSWCA 85

DAMAGES — general damages, trial award below the range applicable in the exercise of an appropriate discretion; award can be set aside and replaced by appeal court

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

Sheller JA The appellant, Miodrag Djukic, was involved in two motor vehicle accidents, one on 8 July 1985 and the other on 25 August 1986, in respect of which he brought two separate proceedings against the Government Insurance Office, which came on for hearing before his Honour Judge McCredie.

In the first, liability was admitted by the respondent; in the second, Judge McCredie held that the appellant was entitled to succeed on liability. The assessment of damages in both proceedings was, by consent, heard together by his Honour, who gave judgment on 1 May 1992.

In the proceedings in respect of the earlier accident, his Honour gave the appellant a verdict in an amount of $10,310, of which $10,000 was made up of general damages.

Of the second accident in August 1986 his Honour said that the accident was a major one so far as the appellant was concerned. He required emergency surgery to be carried out at Gosford Hospital before being transferred to Liverpool Hospital for a further substantial period. His Honour described the injuries of the appellant at the time that he was admitted to Gosford District Hospital. The injuries included fractured left ribs posteriorly numbered 3 to 9; ruptured spleen; ruptured left hemidiaphragm; fractured pelvis, involving the right superior and inferior pubic rami and the left superior pubic ramus; and minor lacerations to the left shoulder and left knee.