McPHERSON v GIO of NSW

In *McPherson v GIO of NSW*, the New South Wales Court of Appeal considered a dispute between the appellant, Mr. McPherson, and the respondent, GIO of New South Wales, concerning a claim for damages arising from a motor vehicle accident.

The central legal issue before the Court of Appeal was whether the appellant had suffered a "serious injury" as defined by section 79 of the *Motor Accidents Act 1988* (NSW). This determination was crucial as it dictated whether the appellant was entitled to claim damages for non-economic loss. The Court also had to consider the proper application of the threshold test for serious injury in the context of the appellant's injuries.

The Court of Appeal analysed the appellant's injuries, including a fractured tibia and fibula, and the resulting pain and suffering. It applied the principles established in cases such as *Kriz v King* and *Sainsbury v O'Sullivan*, which outline the criteria for assessing whether an injury constitutes a "serious injury" for the purposes of the Act. The Court found that the appellant's injuries, while significant, did not meet the statutory threshold for a serious injury, particularly in relation to the degree of permanent impairment and the impact on his capacity to lead a normal life.

Consequently, the Court of Appeal dismissed the appeal, upholding the decision of the trial judge that the appellant had not established a serious injury and was therefore not entitled to damages for non-economic loss.