SHAW v SIMPSON [1998] NSWCA 209

SHAW v SIMPSON SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MASON P, SHELLER and BEAZLEY JJA 16 November 1998, 16 November 1998

[1998] NSWCA 209

Damages — motor vehicle accident — whether pre-existing psychiatric condition aggravated by accident — failure to give sufficient reasons in judgment — improper rejection of expert opinion — new trial as to damages ordered

Mason P This is an application for leave to appeal in which the parties have argued the matter as on an appeal. I will describe it as an appeal. The claimant was injured in two motor vehicle accidents. In each case he was struck by a car while riding his motor cycle. The first collision occurred on 2 July 1992 at Ultimo and involved a car driven by Mr Lebas. The second collision occurred on 8 August 1994 at Bondi and involved a car driven by the opponent Ms Simpson. Two actions were heard together in the District Court before Judge Downs QC.

As regards the first accident there was a verdict for the defendant with costs. The claimant's case, which was that he executed a right hand turn across a line of traffic in accordance with a green turning arrow, was rejected. It was found to be inconsistent in some respects with the version of the accident given by the claimant when in hospital following the accident. The judge preferred the evidence of Mr Lebas who said that it was he who had the green light in his favour. Other witnesses to the accident gave evidence. The verdict in this first action is not challenged.

It is relevant at this stage to observe that the claimant became much preoccupied with the legal consequences of the first accident. He had been charged and convicted in the Local Court of an offence relating to that accident. He appealed to the District Court. The charges were dropped by the police when a witness was found by the claimant.