CONNOR v HATGIS [1995] NSWCA 91

CONNOR v HATGIS SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Kirpy P, PRIESTLEY JA and POWELL JA 4 May, 5 September 1995

[1995] NSWCA 91

DAMAGES — personal injuries — past economic loss — future economic loss — young woman injured in motor accident — assessment of damages — intermittent pre-accident employment — determination of average earnings for calculation of past loss and loss of future economic capacity — trial judge (Studdert J) finds that plaintiff's working history was anything but settled — awards past economic loss of $23,000 and future economic loss of $30,000 — permanent loss of function in left wrist has significance for plaintiff whose pre-injury work involved strapping and riding horses and work in hotel bar — whether Court of Appeal forbidden to disturb having regard to advantages of the primary judge — held: (Priestley JA, Kirby P concurring; Powell JA dissenting): (1) In the circumstances, the Court was not prevented from disturbing the trial judge's conclusions but would pay regard to the advantages which the trial judge enjoyed. Devries v Australian National Railways Commission (1993) 117 CLR 472 applied; (2) In the facts, the trial judge had under-estimated the but for injury earnings having regard to the pre-accident employment record of the plaintiff; (3) The past economic loss should be increased to $46,000 and the future economic loss to $60,000, being twice that found by the judge; (4) Appeal allowed.

Kirby P. I agree with Priestley JA.

Priestley JA. This is a plaintiff's appeal against the amount of damages awarded to her by Studdert J. The defendant admitted liability for a collision between his car and a motor bike being ridden by the plaintiff. The only question before Studdert J was the amount for which he should assess the plaintiff's damages.