Moukahal v Zeait No 2 [2012] NSWDC 160

District Court New South Wales

Medium Neutral Citation: Moukahal v Zeait No 2 [2012] NSWDC 160 Hearing dates: 20/09/2012 Decision date: 28 September 2012 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict for the plaintiff in the amount of $87,418.50; 2.After apportionment for the plaintiff's contributory negligence which has been assessed at 20 per cent, judgment for the plaintiff in the sum of $69,934.80; 3.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 4.The exhibits may be returned; 5.Liberty to either party to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - negligence - motor vehicle accident; DAMAGES - assessment of claimed heads of damage Legislation Cited: Evidence Act 1995, s 60 Motor Accidents Compensation Act 1999, s 126, s 128, s 131, s 136 Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Browne v Dunn (1894) 6 R 67 Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Miller v Galderisi [2009] NSWCA 353 Moukahal v Zeait [2012] NSWDC 33 State of New South Wales v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536 Category: Principal judgment Parties: Bassema Moukahal (Plaintiff) Margaret Zeait (Defendant) Representation: Dr S Thornton (Plaintiff) Mr J Ryan (Defendant) Paramount Lawyers (Plaintiff) Dibbs Barker (Defendant) File Number(s): 2011/106731