My Van Nguyen Tran v The Government Insurance Office of Australia [2000] NSWCA 217

New South Wales Court of Appeal

CITATION : My Van Nguyen Tran v The Government Insurance Office of Australia [2000] NSWCA 217 FILE NUMBER(S) : CA 40270/99 HEARING DATE(S) : 3 August 2000 JUDGMENT DATE : 16 August 2000

PARTIES : My Van Nguyen Tran (Appellant) The Government Insurance Office of Australia (Respondent) JUDGMENT OF : Mason P at 1; Stein JA at 2; Fitzgerald JA at 47

LOWER COURT JURISDICTION : District Court LOWER COURT DC 9451/97 FILE NUMBER(S) : LOWER COURT Naughton DCJ JUDICIAL OFFICER :

COUNSEL : P Menzies QC/W Ward (Appellant) J D Hislop QC/M Ward (Respondent) SOLICITORS : Gajic & Co Solicitors (Appellant) McLachlan Chilton Solicitors (Respondent) CATCHWORDS : DAMAGES - non-economic loss - past economic loss - ND DECISION : See para 46 for Orders

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

CA 40270/99 DC 9451/97 MASON P STEIN JA FITZGERALD JA Wednesday, 16 August 2000 My Van Nguyen TRAN v THE GOVERNMENT INSURANCE OFFICE OF NEW SOUTH WALES

Facts

The appellant was a weaver, working a permanent night shift of 12 hours (7 pm to 7 am) each day for 5 days per week, including 20 hours overtime. On 28 January 1989 the appellant and her husband were returning from a holiday and had a head on collision with a semi-trailer. The appellant suffered multiple injuries and her husband was killed in the accident.

At first instance

Liability having been admitted, Naughton DCJ assessed the appellant's damages.