STIEPEWICH v KOURA [1995] NSWCA 457

STIEPEWICH v KOURA SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

GLEESON CJ and HANDLEY JA 7 June 1995

[1995] NSWCA 457 DAMAGES -

Appeal from a District Court judge on assessment of damages for personal injuries arising from a motor vehicle collision - HELD - no error was shown - no question of principle involved.

Gleeson CJ. This is an appeal from a decision of his Honour Judge Patten in the District Court. In February this year his Honour gave judgment for the respondent/plaintiff in the sum of $127,585.30 for personal injuries arising from a motor vehicle collision.

The issue before the trial judge was limited to the assessment of damages. The relevant facts concerning the accident can therefore be stated shortly.

The accident occurred in July 1989. The respondent was driving his station wagon north along Pacific Highway. When he arrived at the intersection of the Pacific Highway and Mowbray Road he intended to turn into Mowbray Road. He stopped at the red lights at the intersection. Other members of his family were passengers in his car. A car driven by the appellant collided with the rear of the respondent's vehicle.

The collision was apparently not very severe and the police were not called. The respondent did not immediately notice anything wrong, but the next day he consulted his general practitioner. He complained ofpain in the neck, shoulders, thoracic spine and knees. X-rays were ordered. In October 1989 he was referred to an orthopaedic specialist, who saw him over the following years.

At the time of the accident the respondent was aged fifty-four years. He was an unskilled worker and was employed as a cleaner at the Royal North Shore Hospital. He had come to this country from Lebanon.

The respondent was off work, certified unfit by his doctor, for about nine months after the accident. At the expiration of that period of nine months he felt able to return to work and attempted to do so. However, upon returning to Royal North Shore Hospital he was informed that his former employment was no longer available. The plain inference is that his prolonged absence from work following the motor vehicle accident was an important factor in that decision on the part of the hospital.