Fallah Doghooz v Nagy [2011] NSWDC 193

District Court New South Wales

Medium Neutral Citation: Fallah Doghooz v Nagy [2011] NSWDC 193 Hearing dates: 28/11/11 and 29/11/11 Decision date: 02 December 2011 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: See paragraph 65 Catchwords: Personal injury. Accident in a car park. Legislation Cited: Civil Liability Act 2002 Motor Accident Compensation Act 1999 Category: Principal judgment Parties: Parvaneh Fallah Doghooz (Plaintiff) Joseph Nagy (Defendant) Representation: D A Wheelahan QC and D Del Monte (Plaintiff) D Wilson (Defendant) W.D. Hunt (Plaintiff) Hunt & Hunt (Defendant) File Number(s): 2010/00144298 Publication restriction: No

Judgment 1The plaintiff's adult life has been beset with a number of physically and emotionally traumatic events. She has had an abusive husband, her house has been burned down, her son has been rendered a paraplegic after a suicide attempt and she has suffered serious injuries in a motor vehicle accident. It is the latter event that is the subject of these proceedings. The plaintiff says the accident was caused by the negligence of the defendant. She seeks damages arising from this negligence. 2Damages sought are for non-economic loss, past and future economic loss, past and future domestic care and medical expenses. The action is governed by the Motor Accident Compensation Act 1999 ("the MACA"). The Civil Liability Act 2002 (the "CLA") also has a part to play. 3The defendant has denied liability and alleged contributory negligence. He also takes issue with the extent of injury allegedly suffered by the plaintiff. 4The plaintiff's general background is set out in the Chronology (Exhibit C). I do not think it necessary to repeat the details.