Biscontri v El Haj [2014] NSWDC 23

District Court New South Wales

Medium Neutral Citation: Biscontri v El Haj [2014] NSWDC 23 Hearing dates: 13 & 14/02/2014 Decision date: 01 April 2014 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1.Verdict and judgment for the plaintiff in the sum of $129,704.55; 2.The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3.The exhibits may be returned; 4.Liberty 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 - plaintiff injured in motor vehicle accident - breach of duty of care admitted - consideration of compensable extent of plaintiff's claimed physical and psychiatric problems in view of plaintiff's pre-accident history - onus of proof on plaintiff to prove extent of accident-related material difference to pre-accident condition; DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002, s 5D, s 5E Motor Accidents Compensation Act 1999, s 83, s 131, s 136 Cases Cited: Luxton v Vines [1952] HCA 19; (1952) 85 CLR 352 Mt Isa Mines Ltd v Pusey [1970] HCA 60; (1970) 125 CLR 383 Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164 Watts v Rake [1960] HCA 58; (1960) 108 CLR 158 Category: Principal judgment Parties: Sandra Biscontri (Plaintiff) El Fatah Yacub El Haj (Defendant) Representation: Ms H Wall (Plaintiff) Mr J Ryan (Defendant) Shine Lawyers (Plaintiff) Curwoods Lawyers (Defendant) File Number(s): 2013/209702 Publication restriction: None