CRYSTAL PALACE LEISURE CENTRES PTY LTD v HUTCHESSON [1996] NSWCA 132

CRYSTAL PALACE LEISURE CENTRES PTY LTD v HUTCHESSON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

SHELLER, COLE JJA and Simos AJA 28 August 1996, 28 August 1996

[1996] NSWCA 132

DAMAGES — personal injury — jury award — not so perverse or unreasonable as to be set aside.

Cole JA The appellant contends that a jury's award of $273,000 damages is appealably excessive. To succeed the appellant must show that the amount is "so disproportionate to the injuries suffered that it was perverse and unreasonable and should be set aside"!. In addressing this question this Court must adopt a view of the evidence most favourable to the respondent.

The evidence before the jury was that the appellant was born in 1948. He left school in 1964 aged 16. Thereafter he was intermittently employed developing some metalworking skills. In 1977 he enrolled in an Arts degree, but did not continue with that course. In order to earn income he thereafter commenced a metal polishing business and by 1984 after some financial struggle had established a business which was earning him approximately $220 to $240 per week. The work involved detailed skilled metal polishing.

In addition he obtained employment with the appellant working as an amusement arcade assistant. At the time of the accident he earned about $200 in that employment. The work involved him lifting and carrying pieces of equipment which required him to use his hands, in particular the hook-grip provided by his fingers.

On 8 April 1984 whilst working for the appellant he suffered a serious injury to his left hand when his fingers were cut by an electric circular saw. As he told the jury the saw cut a step out of the back of his three fingertips. This was a gross disfigurement of the left hand and there was evidence before the jury that it resulted in a 25 per cent loss of the efficient use of the left hand.