THOMPSON v CRAIGIE [1996] NSWCA 530

THOMPSON v CRAIGIE

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER, COLE JJA and Simos AJA 27 August 1996, 27 August 1996

[1996] NSWCA 530

INADEQUATE reasons for judgment — judgment set aside.

Cole JA On 12 December 1995 Judge Karpin published reasons for awarding certain damages to the appellant on an assessment, liability not being in issue. Her Honour assessed the appellant's non-economic loss under s79 Motor Accidents Act 1988 at 12%, awarded the sum calculated in consequence together with a cushion of $2,000 for past economic loss and $8,000 for future economic loss.

On appeal the appellant complains that inadequate reasons have been given by the trial Judge. It is contended that a major medical issue raised at the trial was not resolved, and the basis for the assessment of 12% can thus not be adequately reviewed. The obligation upon a trial judge to give adequate reasons is well recognised. !

As [have come to the view that this ground appeal should be upheld and a new trial ordered, it is inappropriate that I make any comment regarding the quantum of damages.

At the trial there was a significant medical contest. The appellant's case was that in the motor accident she suffered a significant back injury. Doctor Deveridge called on her behalf attributed a chronic back condition to the motor vehicle accident assessing permanent impairment of her back at 12%. He expressed that view after seeing a CT scan which he thought disclosed disc protrusion. He thought the injury would have a long term impact on her capacity to perform physical work. His view was supported by an orthopaedic surgeon, Mr Graham Mowbray who, after viewing the CT scan found a permanent disability in her spine amounting to 20% loss of the efficient use of her back permanently, and attributed the injury to the motor vehicle accident.