GESSEY v MORRISON [1995] NSWCA 167

GESSEY v MORRISON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

GLEESON CJ, POWELL and COLE JJA 8 December 1995, 8 December 1995 [1995] NSWCA 167

DAMAGES — brain damaged quadriplegic — challenges to quantum — no question of principle involved

DAMAGES

The respondent became a brain-damaged quadriplegic as a result of a motor accident. Liability was admitted. The trial judge assessed damages at $2,601,045. Various items of the assessment were disputed on appeal - HELD - A challenge to an item of $25,000 succeeded. Otherwise no error was shown - no question of principle involved.

Gleeson CJ This is an appeal from a judgment of Spender AJ given in August 1995. His Honour gave judgment for the plaintiff/respondent in the sum of $2,601,045.00. The appellant, who was the defendant in the proceedings at first instance, appeals claiming that the damages awarded to the respondent were excessive.

In my view the appeal has been made good to the extent of $25,000 and I propose, for reasons that I am about to give, that the appeal should be allowed to the extent that the amount of the judgment should be reduced from $2,601,045 to $2,576,045. Except to that extent, the appeal should be dismissed. My reasons for that are as follows.

The claim before his Honour was a claim for damages for personal injuries resulting from actionable negligence of the defendant. The respondent's injuries arose out of a motor vehicle collision that occurred on 19 September 1992. Liability for damages was admitted and ultimately there was no issue as to contributory negligence. Consequently the not inconsiderable task that confronted his Honour was the calculation of the damages to which the respondent was entitled. That matter was governed in certain respects by the provisions of the Motor Accidents Act 1988.

The respondent as a consequence of the accident became a paraplegic, suffered brain damage, and also suffered other injuries. At the time of the accident the respondent was aged forty-seven. He is a married man with two adult sons.