PARTRIDGE v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES [1995] NSWCA 358

PARTRIDGE v GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

GLEESON CJ, PRIESTLEY JA and MEAGHER JA 16 May 1995

[1995] NSWCA 358

Gleeson CJ. We have before us a motion for leave to adduce fresh evidence on the hearing of this appeal. The appellant is a young woman who was seriously injured in a motor vehicle accident some years ago and is currently, because of the nature and extent of her injuries, in the care of the Protective Commissioner. Her injuries were the consequence of the negligence of a driver of a motor vehicle and she sued in the Common Law Division of the Court seeking damages for negligence. Her action came on for hearing before Dunford J. It was heard in two stages.

In May 1993 his Honour resolved most of the issues but stood the matter over for further argument in relation to some outstanding questions. Other argument took place in September 1993. Thereupon Dunford J entered a judgment in favour of the appellant for an amount slightly in excess of $2 million. There was an appeal complaining of what was said to be the inadequacy of the award of damages in certain particular respects. That appeal was, after a number of vicissitudes, listed for hearing today.

When the matter came on there was an application by the respondent to dismiss the appeal for want of prosecution -that application was heard and dismissed. There was also an application on behalf of the appellant to add a substantial number of new grounds of appeal claiming that in various additional respects the award of damages was inadequate. Some of the matters raised in those additional grounds of appeal go to issues that are of general importance in relation to the assessment of damages for personal injuries. We granted leave to amend the notice of appeal whilst reserving to the respondent the right to advance such arguments as may be founded on a contention that the points, or some of the points, sought to be raised by the new grounds were not taken at first instance. It has become unnecessary for us at this stage to get involved in any consideration of that subject.