Skillin v Hurley [2004] NSWCA 286

New South Wales Court of Appeal

CITATION : Skillin v Hurley [2004] NSWCA 286 HEARING DATE(S) : 15 April 2004 JUDGMENT DATE : 25 August 2004

JUDGMENT OF : Handley JA at 1; Giles JA at 34; Hodgson JA at 35 DECISION : 1. Appeal allowed in part.; 2. Judgment for the plaintiff for $544,346 set aside except as to costs.; 3. In lieu thereof substitute a judgment for the plaintiff for $441,585 with effect from 21 March 2003.; 4. Appeal otherwise dismissed.; 5. Appellant to pay one-half of the respondent's costs of the appeal.

CATCHWORDS : DAMAGES - personal injuries - no question of principle - ND LEGISLATION CITED : Motor Accidents Act 1988 CASES CITED : Malec v J C Hutton Pty Ltd (1990) 169 CLR 638 PARTIES : Teresa Skillin (Appellant) Maria Evelyn Hurley (Respondent) FILE NUMBER(S) : CA 40571/03 COUNSEL : K P Rewell SC/P Perry (Appellant) G O L Reynolds SC/R J M Foord (Respondent) SOLICITORS : Keddies (Appellant) Adams Leyland (Respondent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 74/00 FILE NUMBER(S) : LOWER COURT English DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40571/03

HANDLEY JA GILES JA HODGSON JA

25 AUGUST 2004 TERESA SKILLIN v MARIA EVELYN HURLEY CATCHWORDS DAMAGES – personal injuries – no question of principle FACTS

The plaintiff suffered a whiplash injury in a rear end collision as a result of contact with the defendant's vehicle as they were leaving a supermarket car park. Each driver blamed the other. The trial Judge accepted the plaintiff's evidence and awarded substantial damages. The defendant appealed on liability and damages. HELD: (1) The appeal on liability failed; (2) The awards for some of the heads of damages were excessive and the appeal was allowed in part. ORDERS