NSW INSURANCE MINISTERIAL CORPORATION v ROBERTSON [1995] NSWCA 337

NSW INSURANCE MINISTERIAL CORPORATION v ROBERTSON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY and MEAGHER JJA 16 March 1995, 16 March 1995 [1995] NSWCA 337

DAMAGES — APPEAL QUANTUM — APPLICATION FOR ADJOURNMENT — REFUSED — EXERCISE OF DISCRETION BY TRIAL JUDGE.

FACTS: Appellant challenged finding of quantum.

HELD:

(1) Neither the job hopping character of the plaintiff/respondent's work history nor the plaintiffs drug use is sufficient in these circumstances to reduce the award of damages.

(2) The decision of the trial judge to disallow an application for adjournment to allow the appellant/defendant expert witness to supplement his report by giving oral evidence did not involve any incorrect exercise of discretion by the trial judge.

(3) In the assessment of economic loss a rough global figure rather than mathematical accuracy is sufficient.

(4) The assessment of future care and administration of costs is governed by the principles in The Government Insurance Office v Rosniak (1992) 27 NSWLR 665.

Meagher JA This is an appeal by the NSW Insurance Ministerial Corporation, which was formerly the Government Insurance Office of New South Wales, against an award of damages in favour of the plaintiff/respondent in the sum of $579,000.

This arose out of a motor vehicle accident which took place in 1984 in respect of which the appellant is liable. The questions we are dealing with relate to quantum only.

The figure of $579,000 is made up of the following items:

General Damages $150,000 Past Economic Loss $100,000 Future Economic Loss $100,000 Future Care $200,000 Future Medicals $25,000 Administration Costs $4,000

The appellant objects to the first three items in that list.

As far as general damages are concerned, I must admit to a failure to understand any basis for a claim that $150,000 is too generous. If anything, it seems to me somewhat on the modest side.