EMINE ATILA v EVANA LOURIC [1996] NSWCA 25

EMINE ATILA v EVANA LOURIC SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

HANDLEY JA, GILES AJA and Simos AJA 18 November 1996 [1996] NSWCA 25

DAMAGES — motor vehicle accident — economic and non-economic loss — adequacy of award.

In November 1992 the plaintiff was involved in a motor vehicle accident. At trial, damages under the Motor Accidents Act 1988 were assessed at $16,100 comprising $100 for out-of-pocket expenses, $6,000 for past economic loss and $10,000 for future economic loss. The appellant submitted that the trial Judge erred in not awarding any amount for non-economic loss.

HELD, dismissing the appeal: (1) The substantial common ground in the plaintiff's and defendant's medical evidence supported the trial Judge's conclusions; (2) There was no error entitling the Court to intervene.

Handley JA. This is an appeal by a plaintiff from a decision of her Honour Justice Sidis who assessed the plaintiff's damages arising from a motor vehicle accident which occurred on 27 November 1992. The damages fell to be assessed pursuant to the Motor Accidents Act 1988.

Her Honour found a verdict for the plaintiff for $16,100, comprising $100 for out-of-pocket expenses, and $16,000 for economic loss, $6,000 for the past and $10,000 for the future.

Mr Lidden, for the appellant, has submitted that her Honour erred in not awarding any amount for non-economic loss, and that her awards for past and future economic loss were inadequate.

The plaintiff claimed that she had the following injuries and disabilities: a fracture of a bone in the right foot which she claimed still affected her capacity to stand for long periods of time; a muscular ligamentous strain to her lumbo sacral spine, which caused her various difficulties and bruising, particularly on the left thigh which the plaintiff claimed was discoloured and numb with reduced feeling in this area.