NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Kanoun v Lukabyo [2016] NSWDC 133 Hearing dates: 2 – 4 March 2016; 15 – 16 March 2016 Date of orders: 22 April 2016 Decision date: 22 April 2016 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the plaintiff against the defendants in the amount of $713,938.73
Defendant to pay the plaintiff's costs Catchwords: CIVIL – Motor accidents compensation – Assessment of damages – Whether plaintiff's back complaint causally related to motor vehicle accident – Whether plaintiff has any continuing injury to his neck or shoulders – Ongoing incapacity due to knee injury – Whether plaintiff established his claims under Griffiths v Kerkemeyer – Evidentiary onus on defendant on plaintiff's claim for ongoing economic loss Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Fox v Wood (1981) 148 CLR 438 Griffiths v Kerkemeyer [1977] HCA 45 Kallouf v Middis [2008] NSWCA 61 Linsell v Robson [1976] 1 NSWLR 249 Category: Principal judgment Parties: Ghassan Kanoun (Plaintiff) Paul Christopher Kaka Lukabyo (1st Defendant) North Shore & City Towing Pty Ltd (2nd Defendant) Representation: Counsel: Mr Turnbull SC (Plaintiff) Mr M Sciglitano ((Plaintiff) Mr M Fitzsimmons (Defendants)
Solicitors: Brydens Compensation Lawyers (Plaintiff) Curwoods Lawyers (Defendants) File Number(s): 2015/170920 Publication restriction: No
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