DT LAWS v GIO [1995] NSWCA 255

DT LAWS v GIO

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY and COLE JJA 24 March 1995, 24 March 1995

[1995] NSWCA 255 Damages — no question of principle.

Priestley JA I will ask Mr Justice Cole to give his reasons.

Cole JA This is an appeal from the decision of Judge Rummery delivered on 29 July 1994 in which his Honour awarded the appellant the sum of $44,973.15. That sum comprised out-of-pocket expenses of $1,057.20, loss of earnings from 6 September 1986 to 1 February 1987 totalling $5,586, interest thereon totalling $3,300, a sum of $5,058.24 being his Honour's assessment of the loss of past economic capacity post 1 February 1987, and during the following 4 years, interest on that sum totalling $2,971.71. Having found that the plaintiff had substantially recovered from his injuries not later than 4 years after the accident, his Honour declined to make any allowance for future economic loss. His Honour awarded general damages of $27,000.

The relevant history may be briefly stated. The appellant was 22 years of age on 8 September 1986 when he was involved in a motor vehicle accident. He was admitted to Liverpool Hospital on that day but discharged on 12 September 1986, 4 days after the accident. At the time of admission he was complaining of tingling in the left leg, a tender upper lumbar spine, and associated complaints.

After his discharge from the hospital he was seen by his general practitioner Dr Borkar, who initially treated his complaints of what I shall call back pain with analgesics, anti-inflammatory drugs, and physiotherapy. He was seen by Dr Borkar in 15 September 1986 and was thereafter on 25 September 1986 referred to Dr Giblin. He saw Dr Giblin again in December 1986.

He then returned to work at his place of employment and worked for the following 6 months. From May 1987 until August 1989 he worked with Lehmann Brothers, tilers, subject to various periods of unemployment.