Hanna v El-Chami [2017] NSWDC 39

District Court New South Wales

Medium Neutral Citation: Hanna v El-Chami [2017] NSWDC 39 Hearing dates: 2 and 3 March 2017 Date of orders: 06 March 2017 Decision date: 06 March 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment in favour of the defendants. (2) The plaintiff to pay the defendants' costs. Catchwords: NEGLIGENCE – motor vehicle accident – two car collision – factual dispute – credit – pre-existing disabilities Cases Cited: Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443 Miller v Galderisi [2009] NSWCA 353 Category: Principal judgment Parties: Bahia Hanna (plaintiff) Sarah El-Chami (first defendant) Abdullah El-Chami (second defendant) Representation: Counsel: Mr S Roulstone (plaintiff) Mr J B Turnbull SC (defendants)

Solicitors: AJB Stevens Lawyers (plaintiff) Sparke Helmore Lawyers (defendants) File Number(s): 2016/56465 Publication restriction: None

Judgment

A. BACKGROUND 1. Bahia Hanna was involved in a motor vehicle accident whilst driving to visit her adult daughter on 9 June 2014. She sues the driver of the other vehicle, Sarah El-Chami, and also the owner, Abdullah El-Chami, for damages for negligence. Ms Hanna says that Ms El-Chami attempted to overtake whilst Ms Hanna was turning right into her daughter's driveway whereas Ms El-Chami says Ms Hanna was parked on the left-hand side of the road and without indicating drove in front of her. Both Ms Hanna and Ms El-Chami, whose sister lived in the area, were well familiar with the street.