NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v GORDON [1999] NSWCA 84

New South Wales Court of Appeal CITATION : NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v GORDON [1999] NSWCA 84 FILE NUMBER(S) : CA 40873/97 HEARING DATE(S) : 23 March 1999 JUDGMENT DATE : 15 April 1999

PARTIES : NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION - A JUDITH ANNE GORDON - R JUDGMENT OF : Handley JA at 1; Sheller JA at 2

LOWER COURT JURISDICTION : District Court LOWER COURT FILE NUMBER(S) : 645/93 LOWER COURT JUDICIAL OFFICER : Moore DCJ

COUNSEL : J D Hislop QC/D J Russell - A Paul Webb QC/D B Studdy - R SOLICITORS : Turner Whelan - A Scott Sheils & Glover - R CATCHWORDS : DAMAGES - QUANTUM - contribution of medical condition - contribution of nature and conditions of work CASES CITED: Government Insurance Office v Warwick (unreported) Court of Appeal, 23 November 1993 DECISION : Dismissed with costs

THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40873/97 DC 645/93 HANDLEY JA SHELLER JA

NEW SOUTH WALES INSURANCE MINISTERIAL CORPORATION v GORDON

The respondent was involved in a motor vehicle accident, sustaining injuries to her spine and knees, as well as psychological trauma. She sued the Government Insurance Office of New South Wales and obtained judgment of $291,761.20. The appellant replaced the Government Insurance Office as a party.

Prior to the accident the respondent was employed by Home Care NSW as a part-time permanent home-aid, caring for elderly and disabled people in their homes. She also did seasonal work as a fruit picker and packer. When the respondent was in her mid-20's, she was diagnosed as suffering from systemic lupus erythematosis, a condition which caused generalised aches and pains.