Stevens v Head

The appeal concerned a motor vehicle accident that occurred on 28 July 1988, where the appellant, a 75-year-old woman, was struck by a vehicle on a pedestrian crossing in Tweed Heads, New South Wales. The respondent was a Queensland resident, and his vehicle was registered and insured in Queensland. The appellant, visiting Australia, had obtained accommodation in Kennedy Drive, Tweed Heads, shortly before the accident. The High Court of Australia heard the appeal.

The central legal issues before the Court were whether the provisions of the *Motor Accidents Act* 1988 (NSW), specifically sections 72 and 79, applied to the assessment of damages in this case, and consequently, how the damages for pain and suffering, and for gratuitous domestic assistance, should be calculated. The trial judge had awarded damages totalling $22,500, including $20,000 for pain and suffering and loss of enjoyment of life, and $2,000 for gratuitous domestic assistance, with interest.

The Court was required to determine the proper application of New South Wales legislation to an accident involving a Queensland resident and vehicle, where the accident occurred in New South Wales. The trial judge had declined to give full effect to the New South Wales Act, which would have impacted the calculation of damages, particularly in relation to the gratuitous services provided to the appellant. The appellant had suffered significant injuries, including extreme pain, discomfort, and post-traumatic stress disorder, which had a debilitating effect on her lifestyle and required extensive household assistance. The trial judge found that the appellant's enjoyment of life had been diminished to a substantial degree.