NSW Caselaw
SINAK v TESS SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL
MAHONEY, MEAGHER and POWELL JJA 1 March 1995, 15 March 1995.
[1995] NSWCA 431
Motor vehicle accident — plaintiff's contributory negligence 15 per cent — Damages — Effect of pre accident susceptibility to symptoms — Reasons What are required — Error in calculation
APPEAL from District Court — Motor vehicle accident — Plaintiff's contributory negligence fifteen per cent.
CONTRIBUTORY NEGLIGENCE — No error in finding of contributory negligence.
DAMAGES — Finding that effects of injuries from accident ceased by 8 January 1990 — Effect of pre-accident susceptibility to symptoms without further trauma and/or as the result of the ordinary trauma arising from work or otherwise.
REASONS — What are required — To be measured by, inter alia, the burden imposed on the justice system.
ERROR IN CALCULATION — Correction — Effect on costs order.
Mahoney JA On 10 March 1983 the plaintiff was injured in a motor vehicle accident. He sued the defendant, the driver of the other vehicle involved. On 21
November 1991 his Honour Judge Pain found that the damages ordinarily to be awarded to the plaintiff amounted to $180,341.96. He found that the plaintiff had been guilty of contributory negligence and for that reason reduced the damages by fifteen per cent. He gave judgment for the plaintiff for $153,290.71. The plaintiff has appealed to this Court against his Honour's judgment.
The issues pressed on appeal related to contributory negligence and to the quantum of damages.
1. CONTRIBUTORY NEGLIGENCE:
The accident occurred on Thursday, 10 March 1983 at about 4.45 pm. The plaintiff was driving south in Bunnerong Road, Matraville at about sixty kilometres per hour. He was approaching the intersection of Bunnerong Road with Fitzgerald Avenue. There were three traffic lanes proceeding south. The defendant had driven her car north in Bunnerong Road and had stopped at Fitzgerald Avenue preparatory to making a right-hand turn into that street. The
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