Hoinville-Wiggins v Connelly [1999] NSWCA 263

Hoinville-Wiggins v Connelly [1999] NSWCA 263

Section 77 of the Motor Accidents Act 1988 limits recovery of damages for psychological or psychiatric injury to persons present at the scene when the accident occurred and suffering injury in that accident; as the claimant was not present at the scene until after the collision and did not suffer injury in the accident, she was not entitled to damages.

Jurisdiction
Australia
Judgment Date
27 July 1999
Procedural Posture
Motor Accident Damages Claim / Application for Leave to Appeal and Appeal Struck Out
Outcome
Leave to appeal refused; appeal struck out; claimant to pay opponent's costs.
Legal Topics
['motor Accidents' 'nervous Shock' 'damages Limitation']
['tort Law'] ['motor Accidents' 'nervous Shock' 'damages Limitation']

Case Brief

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Procedural Posture

Motor Accident Damages Claim / Application for Leave to Appeal and Appeal Struck Out

Legal Issues

  1. 1 ['Whether the claimant was entitled to damages for psychological or psychiatric injury under s 77 of the Motor Accidents Act 1988' 'Whether the claimant was present at the scene when the accident occurred as required by s 77(a)' 'Whether attending to the injured party after the accident constituted being present at the accident']

Ratio Decidendi

Section 77 of the Motor Accidents Act 1988 limits recovery of damages for psychological or psychiatric injury to persons present at the scene when the accident occurred and suffering injury in that accident; as the claimant was not present at the scene until after the collision and did not suffer injury in the accident, she was not entitled to damages.

Court Disposition

Leave to appeal refused; appeal struck out; claimant to pay opponent's costs.

Orders

  • ['Time for applying for leave to appeal extended to 18 December 1998' 'Leave to appeal refused' 'Appeal filed purportedly as of right struck out' "Claimant to pay the opponent's costs"]