YOUNIE v MARTINI [1995] NSWCA 532

YOUNIE v MARTINI

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

PRIESTLEY and POWELL JJA 21 March 1995

[1995] NSWCA 532

PERSONAL INJURIES — REASSESSMENT OF DAMAGES — MOTOR ACCIDENTS ACT 1988 SIGNIFICANT IMPAIRMENT

PERSONAL INJURIES — REASSESSMENT OF DAMAGES — MOTOR ACCIDENTS ACT 1988 — SIGNIFICANT IMPAIRMENT — plaintiff injured in a car accident and brought a claim under the Motor Accidents Act 1988 — although the trial judge found that she was deliberately exaggerating her symptoms, he nevertheless awarded damages under various heads, the largest component of which was for "significant impairment" pursuant to s79 of the Motor Accidents Act 1988, however he awarded nothing for future economic loss. Held: on appeal: it does not necessarily follow from a finding of significant impairment at 18 per cent that the plaintiff has suffered a loss of future earning capacity. However, in the circumstances of the present case, the material which led the judge to assess significant impairment at 18 per cent should also have led him to conclude that there was a partial loss of earning capacity. In the present case, an appellate court can embark upon reassessment without doing injustice to either party.

Priestley JA This is a plaintiff's appeal from a judgment given by His Honour Judge McLaughlin of the District Court on 4 May 1994 for an amount of $28,969. The case arose from a car accident in which the plaintiff was injured and for which the defendant admitted liability. The plaintiff was 39 at the date of the accident which happened on 12 March 1992. It is unnecessary to give any detailed description of her injuries. The trial judge accepted that she had been involved in an accident where there was a fairly strong impact and that she developed soft tissue injuries mostly to the right shoulder and neck soon afterwards.