El-Mohamad v Celenk [2016] NSWDC 335

District Court New South Wales

Medium Neutral Citation: El-Mohamad v Celenk [2016] NSWDC 335 Hearing dates: 9, 10, 11 March; 20 and 21 April 2016 Date of orders: 26 April 2016 Decision date: 26 April 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the defendant. (2) Question of costs to be reserved to a date to be fixed. Catchwords: DAMAGES – negligence – assessment – motor vehicle accident – hit from behind – earlier motor vehicle accident – pre-existing neck and back problems Legislation Cited: Civil Liability Act 2002, s 5D Motor Accidents Compensation Act 1999, s 83 Category: Principal judgment Parties: Abir El-Mohamad (plaintiff) Aydan Celenk (defendant) Representation: Counsel: Mr L D Robison (plaintiff) Mr J J Ryan (defendant)

Solicitors: Sanford Legal (plaintiff) McInnes Wilson (defendant) File Number(s): 2013/62800 Publication restriction: None

Judgment

INTRODUCTION 1. Aydan Celenk was driving her car in August 2010 near Parramatta when it collided with the rear of a stationery car being driven by Abir El-Mohamad. Ms El-Mohamad claims she suffered neck and back problems and sues for damages for negligence. Breach of duty of care is admitted by Ms Celenk, the defendant. The issue is the extent of any damages suffered by Ms El-Mohamad.

BACKGROUND 1. Ms El-Mohamad was involved in an earlier serious car accident on 16 May 2009. She took a number of months off work and complained of neck and back problems. She commenced proceedings for damages arising out of that accident. The extent to which she had recovered from the 2009 accident was central to an attack on her credit by Ms Celenk in the present proceedings. 2. Another area of challenge to Ms El-Mohamad's credit focused on the seriousness of the 2010 collision.