Kanar Saber v Omar Ali and the Nominal Defendant [2011] NSWDC 159

District Court New South Wales

Medium Neutral Citation: Kanar Saber v Omar Ali and the Nominal Defendant [2011] NSWDC 159 Decision date: 13 October 2011 Jurisdiction: Civil Before: Cogswell SC DCJ Decision: I enter a verdict for the first defendant. I enter a verdict for the plaintiff against the second defendant in the amount of $380,667.40. I enter judgment for the first defendant and judgment for the plaintiff against the second defendant for that amount. Catchwords: CIVIL LAW - car accident - first defendant is plaintiff's husband and was driving the car - Nominal Defendant sued as second defendant in place of unidentified driver of second car - first and second defendant each claim the other was responsible for the accident - plaintiff not of much assistance as witness - responsibility for the accident - acting in "agony of the moment" - assessment of damages - prior medical conditions of plaintiff - plaintiff in receipt of disability pension and had a paid carer before accident - psychiatric impairment - previous diagnosis of major depression - significant change in behaviour since accident - defendants' psychiatric evidence not tendered Jones v Dunkel inference - past and future expenses and domestic assistance Cases Cited: Abdallah v Newton (1998) 28 MVR 364 Jones v Dunkel (1959) 101 CLR 298 Mason v Demasi [2009] NSWCA 227 Category: Principal judgment Parties: Kanar Saber Omar Ali Nominal Defendant Representation: Mr AJ Lidden SC for the plaintiff Ms EEJ Welsh for the plaintiff Mr J Guihot for the first defendant Mr SE Torrington for the second defendant File Number(s): 2010/301783