WHITE AND Anor v HAYDEN [1997] NSWCA 341

WHITE & Anor v HAYDEN

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

POWELL and STEIN JJA 14 November 1997

[1997] NSWCA 341

Stein JA The issue in this appeal is the finding of her Honour Judge Tupman regarding non-economic loss that the respondent/plaintiff's ability to lead a normal life was significantly impaired for six months or more. Alternatively, that her Honour's factual findings were inconsistent with the overwhelming body of the evidence or 'glaringly improbable'. Her Honour found that the respondent's non-economic loss was 18% of a most extreme case.

On behalf of the appellant, Mr Morrison of Senior Counsel has placed reliance on the legislative intent to limit claims for relatively minor injuries. In doing so, he has taken us to the relevant second reading speeches relating to the Act and the important amendments to the part of the Act with which this appeal is concerned, in particular s79.

The accident involving the respondent occurred on 24 May 1995 and was governed by the 1995 amendments to the Motor Accidents Act 1988, in particular s79. Liability was admitted and the claim was for non-economic loss only, apart from agreed out-of-pocket expenses of $1,234.00.

Her Honour found that the collision between the respondent's motor vehicle and the appellants' was one of reasonable force causing extensive damage to both vehicles. The respondent collided virtually head-on with the passenger side of the vehicle driven by the first appellant, that vehicle having attempted to turn in front of the respondent.

The respondent was 24 years' old at the time of the accident and 26 years' at the trial in June 1997. He is a property valuer and required by his employment to regularly drive to visit sites for valuation purposes.

Her Honour found that the respondent had experienced ongoing pain in his lower back from the day of the accident and continuing to the trial, a period in excess of 2 years.