NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v MARTIN [1995] NSWCA 336

NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v MARTIN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY AP and CLARKE JA 7 December 1995, 7 December 1995 [1995] NSWCA 336

MOTOR ACCIDENTS ACT 1988 — APPEAL AGAINST QUANTUM AND PAST ECONOMIC LOSS — FUTURE EARNING CAPACITY

Clarke JA This is an appeal from a judgment of Judge Kirkham sitting in Newcastle given on 15 September 1993. His Honour awarded a verdict in favour of the respondent in the amount of $261,416 and he ordered judgment accordingly.

The notice of appeal lists relevantly five grounds of appeal but it is only the latter four which are pressed. They challenge his Honour's awards concerning past economic loss and future earning capacity.

It is said that on the evidence his Honour should not have awarded any amounts for either of those components or, alternatively, that his awards were excessive.

I am content to dispose of this appeal by saying that the appellant has failed to persuade me that his Honour fell into error in any relevant way. In deference, however, to the high quality and comprehensive nature of the appellant's written submissions I am disposed to state shortly some additional reasons which lead me to that conclusion.

The respondent sued for damages arising from two traffic accidents. The first happened on 3 August 1980 and the second on 2 January 1986. During the court sittings at Newcastle the claim in respect of the first accident was settled

and his Honour's judgment concerned only the consequences of the latter accident, as does this appeal.

The respondent was born in 1949 and, after various manual jobs, was employed by the Australian Army between 1970 and 1975. After discharge from the Army he was mainly employed as a truckdriver and it was his contention that this was the only employment to which he was suited.