CACHIA v WALKER; CACHIA v GIO OF NSW; CACHIA v MORLEY [1998] NSWCA 49

CACHIA v WALKER; CACHIA v GIO OF NSW; CACHIA v MORLEY

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

Mason P, STEIN JA and SHEPPARD AJA 24 September 1997, 12 June 1998 [1998] NSWCA 49

NEGLIGENCE — Personal injury — Plaintiff (appellant) injured in each of three separate motor accidents — Three actions brought by plaintiff to recover damages — Judgments entered for plaintiff in each action — No issue concerning liability — Plaintiff submits damages awarded in respect of each accident manifestly inadequate — Application by the plaintiff to lead fresh evidence on appeal — Complaint by plaintiff that trial judge affected by bias (apprehended not actual) — Consideration of matters relied upon in support of complaint in relation to bias — Complaint rejected — Consideration of further evidence sought to be led at hearing of appeal — Application rejected — Consideration of extensive written submissions made by plaintiff, findings and reasons of trial judge, and evidence — No question of principle — Appeal dismissed.

Mason P, Stein JA and Sheppard AJA. These three appeals were heard together. The appeals are brought from three judgments of the Court in its Common Law Division (McInerney J) by which the appellant (the plaintiff in the proceedings at first instance) recovered damages for personal injury. His Honour found that the appellant was injured in each of three motor vehicle accidents as a consequence of negligence of the respondents or by a person or persons for whom one or other of the respondents was responsible. Each judgment took effect on 5 February 1996. In the proceedings brought against Ms Walker, the Court ordered that the respondent pay to the appellant the sum of $41,436 together with costs. In the proceedings against the Government Insurance Office the Court ordered that the respondent pay to the appellant the sum of $6,300. There was no order as to costs. In the proceedings brought against Mr Morley the Court ordered that there be judgment in the sum of $17,954 together with one half the plaintiff's (ie the appellant's) costs. The incidents which gave rise to the three causes of action each tookplace some considerable time ago. The first accident occurred on 14 September 1973, the second on 8 March 1980, and the third on 28 July 1982. The damages which the appellant claimed were for injuries to his neck and back, for aggravations of pre-existing conditions from which he suffered in his spine, and for depression and other psychological consequences caused, not only as a result of the accidents themselves but also because of matters which arose in the course of the trial, particularly the way in which the appellant was said to have been cross-examined.