SEDDIQ v COMMONWEALTH SCIENTIFIC and INDUSTRIAL RESEARCH ORGANISATION; SEDDIQ v TOWERS [1995] NSWCA 421

SEDDIQ vy COMMONWEALTH SCIENTIFIC and INDUSTRIAL RESEARCH ORGANISATION; SEDDIQ v TOWERS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CLARKE, MEAGHER JJA and GILES AJA 5 July 1995, 21 September 1995: [1995] NSWCA 421

NEGLIGENCE, QUANTUM, ECONOMIC LOSS, ADMISSION OF FRESH EVIDENCE RESERVED.

FACTS

In each action the appellant seeks review of findings against an award of economic loss and quantum; as against CSIRO of an amount of $13,045.05 and Towers an amount of $500. The action against CSIRO concerned an event which took place when she was employed by that body. It was her duty to turn on the switch of some computer equipment, but because of the height she had to stand on a milk box in order to reach the switch. Whilst performing this task on 8 February 1985 the box collapsed and she fell and injured her side and head. The action against Towers was a case of negligence which arose out of Towers driving his motor lorry into the back of her motor car. At an early stage it became clear that Mrs Seddiq had made out a case of negligence against each defendant; and both matters proceeded as contests over the quantum of damages payable to her.

HELD

(By Meagher JA, Clarke JA and Giles AJA agreeing)

In the action against CSIRO, the appellant chose not to bring a claim for economic loss, which decision cannot be interfered with. In the action against Towers, the trial judge's finding that the plaintiff/appellant was unemployed and unemployable precluded an award of economic loss.

(By Meagher JA, Clarke JA and Giles AJA agreeing)

The interpretation of "incompetence" for the purposes of Pt45 R2 of the District Court Rules is discretionary and may not include personality disorders nor psychological disturbances.

(By Meagher JA, Clarke JA and Giles AJA agreeing)

The findings of the trial judge against the plaintiff/appellant on credibility were based on evidence and cannot be overruled.