Glavocevic v Issa [2022] NSWDC 202

District Court New South Wales

Medium Neutral Citation: Glavocevic v Issa [2022] NSWDC 202 Hearing dates: 1, 2 June 2022 Date of orders: 10 June 2022 Decision date: 10 June 2022 Jurisdiction: Civil Before: Russell SC DCJ Decision: (1) Judgment for the plaintiff against the defendant for $831,502.31. (2) Order the defendant to pay the plaintiff's costs. (3) If either party wishes to seek a different costs order, arising out of an Offer of Compromise or some other offer, grant leave to approach my Associate by email within 7 days to relist the matter for further argument or to have the matter dealt with on the papers. Catchwords: DAMAGES - whether right foot injury causally related to the accident – residual earning capacity – evidentiary burden on the defendant to provide evidence of the plaintiff's ability to obtain and retain jobs – economic loss – past out-of-pocket expenses – future medical treatment – past care – future commercial care – Fox v Wood Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Fox v Wood [1981] HCA 41 Mead v Kearney [2012] NSWCA 215 Nominal Defendant v Lavaja [2011] NSWCA 121 Smith v Alone [2017] NSWCA 286 South Western Sydney Local Health District v Sorbello [2017] NSWCA 201 Category: Principal judgment Parties: Nevenko Glavocevic (Plaintiff) Mohammad Issa (Defendant) Representation: Counsel: N Ghabar (Plaintiff) J Turnbull SC (Defendant)