Khan by his next friend Khan v Lim [2016] NSWDC 119

District Court New South Wales

Medium Neutral Citation: Khan by his next friend Khan v Lim [2016] NSWDC 119 Hearing dates: 18 August 2016 Date of orders: 19 August 2016 Decision date: 19 August 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $45,000. (2) The question of costs reserved. (3) Direct the parties to notify my associate by 5pm on 22 August 2016 of a range of convenient dates for the hearing of any costs argument and the likely duration of that argument. Catchwords: ASSESSMENT – motor vehicle accident - passenger in motor vehicle – teenager - buffer for future loss earning capacity – buffer for future medical costs Legislation Cited: Motor Accidents Compensation Act 1999, s 83, s 126, s 131 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Breska v Lysaghts Works Pty Ltd (1956) 74 WN (NSW) 168 Graham v Baker (1961) 106 CLR 340; [1961] HCA 48 New South Wales v Moss (2000) 54 NSWLR 536 Russell v J Hargreaves and Sons [1957] QSR 440 Sretenovic v Reed [2009] NSWCA 280 Category: Principal judgment Parties: Richard Khan by his next friend Alan Khan (plaintiff) Tola Sok Lim (defendant) Representation: Counsel: Mr I Judd (plaintiff) Ms C Allan (defendant)

Solicitors: Danawe Lawyers (plaintiff) Curwoods Lawyers (defendant) File Number(s): 2015/133513 Publication restriction: Name of plaintiff and plaintiff's next friend changed to pseudonyms for publication.