DAHLSTROM v SIMPSON [1998] NSWCA 68

DAHLSTROM v SIMPSON

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

HANDLEY, SHELLER and COLE JJA 6 March 1998, 6 March 1998 [1998] NSWCA 68

MOTOR VEHICLE ACCIDENT — assessment of damages — no question of principle

Handley JA This is an appeal by a plaintiff from the assessment of her damages by Judge Twigg at Moree in a judgment given on 27 November 1996.

The assessment arose out of a motor vehicle accident which occurred in July 1993 and the damages fell to be assessed pursuant to the Motor Accidents Act 1988.

The Judge awarded an amount for non-economic loss based on 20 percent of a most serious case and this figure has not been challenged by the appellant. He also awarded an amount of $16,750 for past economic loss for a period of total incapacity of about six weeks between the accident and the commencement of the plaintiff's work at Miyay Birray at Moree, and for partial loss of capacity from between 1994 when she left that job until the trial.

The appellant sought an increased award for this period. Her other claims were for the award of a cushion for future economic loss and for future expenses rendered necessary by the accident.

The Judge accepted the plaintiff's evidence in relation to her physical disabilities, and noted that she did not exaggerate her symptoms and that her account of these given to the doctors was consistent with her evidence. On that basis he found that her life had been affected and was still being affected by her injuries.

Iam not being persuaded by Mr Hickey that the Court should allow any further amount for the plaintiff's past economic loss. She gave evidence that she had difficulties in carrying out her duties at Miyay Birray but she said that she enjoyed this work and remained in the job for about seven months before she voluntarily resigned.