Werner v Krahe [2002] NSWCA 168

New South Wales Court of Appeal

CITATION : Werner v Krahe [2002] NSWCA 168 FILE NUMBER(S) : CA 40708/01 HEARING DATE(S) : 06/06/02 JUDGMENT DATE : 14 June 2002

PARTIES : Ivan WERNER v Leanne Maree KRAHE JUDGMENT OF : Hodgson JA at 1; Foster AJA at 2-33

LOWER COURT JURISDICTION : District Court LOWER COURT DC 3/99 FILE NUMBER(S) : LOWER COURT Twigg J JUDICIAL OFFICER :

Mr C. Hoeben, C with P. Gormly - Appellant COUNSEL : Mr M.B. Williams with T. Bland - Respondent Curwood & Associates - Appellant SOLICITORS : Long Howland Houston - Respondent CATCHWORDS : Appeal and cross-appeal in relation to damages recovered for injuries received. LEGISLATION CITED : Motor Accidents Act 1988 DECISION : 1. The appeal be allowed in part; 2. The cross-appeal be allowed in part; 3. The judgment of the Court below be set aside; 4. There be substituted judgment for the respondent in the sum of $441,000.00; 5. The appellant to pay the respondent's costs of the appeal and cross-appeal; 6. The appellant to pay the respondent's costs of the Court below.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40708/01 DC 3/99 HODGSON JA FOSTER AJA

FRIDAY, 14 JUNE, 2002 Ivan WERNER v Leanne Maree KRAHE Judgment 1 HODGSON JA: I agree with Foster AJA. 2 FOSTER AJA: The Court has before it an appeal and cross-appeal from a decision of his Honour Judge Twigg QC, given in the District Court in Armidale on 22 August, 2001. The present respondent, Mrs Krahe, had sued the present appellant, Mr Werner, to recover damages for injuries, disabilities and consequent financial loss, suffered by her as the result of a motor vehicle accident occurring in Armidale on 13 January 1996. Liability having been admitted, his Honour was required to assess the damages payable to Mrs Krahe. 3 His Honour entered a verdict for Mrs Krahe in the sum of $428,500.00 made up as follows:- Non-economic loss $ 99,500.00