Zein v Wazen & Anor [2021] NSWDC 463

District Court New South Wales

Medium Neutral Citation: Zein v Wazen & Anor [2021] NSWDC 463 Hearing dates: 22 March 2021 23 March 2021 24 March 2021 25 March 2021 26 March 2021 29 March 2021 30 March 2021 15 July 2021 Date of orders: 07 September 2021 Decision date: 07 September 2021 Jurisdiction: Civil Before: Coleman SC DCJ Decision: 1 Verdict and Judgment for the first and second defendants. 2 The plaintiff to pay the second defendant's costs of the proceedings. 3 If any party seeks a different order with respect to costs, there is liberty to apply on three days' notice. 4 The exhibits may be returned after 28 days. Catchwords: Torts – Negligence – Motor Vehicle Accident – s 119 – Claim Allegedly Not Made in Good Faith – Joinder of the CTP Insurer as Second Defendant – Whether the Accident occurred as Alleged by the Plaintiff – Assessment of Damages – General Rule that the Court is to Determine All Issues in Question – Exception to the General Rule Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) ss 81, 119 Cases Cited: Gulic v Boral Transport Ltd [2016] NSWCA 269 Nevin v B & R Enclosures [2004] NSWCA 339 Nguyen v Tran [2018] NSWCA 215 Texts Cited: N/A Category: Principal judgment Parties: Mr Nassim Khodr Zein (Plaintiff) Mr Said Wazen (First Defendant) Insurance Australia Limited t/as NRMA Insurance (Second Defendant) Representation: Counsel: Mr J Jobson (Plaintiff) Mr W Fitzsimmons SC with Ms S Warren (Second Defendant)