Andrew Robert Green v Lee Stephen Wardleworth No. SCGRG 92/1500 Judgment No. 5720 Number of Pages 19 Damages (1996) 66 Sasr 421

This is an appeal against an assessment of damages made by a judge of the Supreme Court of South Australia. The judge assessed damages for personal injuries received in a motor vehicle accident. The complaint on appeal is that the damages awarded are excessive. The appellant argues on appeal that the judge erred in law in holding that the workers compensation payments, or at least all of them, were recoverable and further argues that the damages should have been taken in account in a way which would ensure that the respondent did not receive and retain double compensation for the same loss or expense. The Full Court dismissed the appeal. The court found that the appeal in respect of the assessment of damages should be dismissed. The Full Court found that the appeal in respect of the recoverability of workers compensation payments should be dismissed. The court found that the judge was correct to conclude that payments of compensation already made and yet to be made by the Corporation were recoverable from the respondent under the Workers Rehabilitation and Compensation Act 1986, and that the amount of such payment should not be taken into account in assessing the damages payable to the respondent.