KARAM v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1995] NSWCA 229

KARAM v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, PRIESTLEY and COLE JJA 22 March 1995, 22 March 1995 [1995] NSWCA 229

NEGLIGENCE — CAUSATION — DAMAGES — plaintiff claimed damages for car accident on 21 April 1987 — plaintiff alleged he was suffering many symptoms as a result of accident — plaintiff had also suffered accident in 1980 — defendant admitted breach of duty but argued that plaintiff did not suffer any injury as a result of second accident — trial judge made findings adverse to plaintiff's credibility and found for the defendant.

Held: although there was uncontradicted evidence before the trial judge of injury having been sustained by the plaintiff, it was open to the trial judge, considering the whole of the evidence before him, to conclude that such injury was not caused by the breach of duty occasioned by the accident on 27 April 1987.

Gleeson CJ In this matter I will ask Mr Justice Priestley to give the first judgment.

Priestley JA This is a plaintiffs appeal from a judgment of his Honour Judge Kirkham of the District Court, dismissing the plaintiff's claim for damages in a car accident. The accident happened on 21 April 1987 when the plaintiff was twenty-three. The plaintiff was driving his father's car which was run into from behind. The Government Insurance Office (as it was then known) as the defendant at the hearing, admitted the accident was due to a breach of a duty of care by the driver of the vehicle which hit the plaintiff's car.

One contest at the trial was whether the accident had caused any damage to the plaintiff. The trial judge said the plaintiff had not established any such damage. The plaintiff's case was that, as a result of the accident, he came to suffer a great many symptoms. The trial judge collected these in a paragraph in his reasons for judgment as follows: