NSW Caselaw
New South Wales District Court
CITATION: Gobrial v Latuhoi [2009] NSWDC 121
HEARING DATE(S): 26, 27 and 30 March 2009 and 18 May 2009
JUDGMENT DATE: 10 June 2009
JURISDICTION: Civil
JUDGMENT OF: Hungerford ADCJ
DECISION: Verdict for the plaintiff against the defendant in the sum of $82,960.85; parties to be heard on costs.
CATCHWORDS: TORTS - Motor vehicle accident - Personal injury - Liability admitted by defendant - Assessment of damages - Time of onset of symptoms - Physical injury - Psychiatric/psychological injury - Functional overlay - Perception of pain - Exaggeration of disability - Causal connection of injuries to the motor accident
LEGISLATION CITED: Motor Accidents Compensation Act 1999, ss 83, 124 and 131 Workers Compensation Act 1987, s 151Z(1)(e)
CASES CITED: Fox v Wood (1981) 148 CLR 438
PARTIES: Nada Gobrial - Plaintiff Paul Latuhoi - Defendant
FILE NUMBER(S): No 5001 of 2008
COUNSEL: Mr TDF Hughes for Plaintiff Mr DL Ronzani for Defendant
SOLICITORS: GH Healey & Co for Plaintiff D McLachlan (QBE Legal Unit) for Defendant
JUDGMENT
1 At approximately 8.00pm on 29 June 2000 the plaintiff, Nada Gobrial, was travelling along the Princes Highway at Sutherland in her motor vehicle on her way home from work when it was struck by a vehicle driven by the defendant, Paul Latuhoi, travelling in the opposite direction. Six months pregnant at the time, the plaintiff sustained multiple injuries of an allegedly serious nature but, fortunately, she gave birth in due course to a healthy daughter. At the time of the motor accident her expressed concern was for her unborn baby.
The claim and defence
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