Khalilullah Razban v Millie Mitrevska [2017] NSWDC 248

District Court New South Wales

Medium Neutral Citation: Khalilullah Razban v Millie Mitrevska [2017] NSWDC 248 Hearing dates: 24, 25, 26 July 2017, 11, 25 August 2017 Date of orders: 28 August 2017 Decision date: 28 August 2017 Jurisdiction: Civil Before: Russell DCJ Decision: (1) Judgment for the plaintiff for $81,068.93. (2) Order the defendant to pay the plaintiff's costs. Catchwords: DAMAGES – lump sum for future economic loss – Medicare payback Legislation Cited: Motor Accidents Compensation Act 1999 Cases Cited: Penrith City Council v Parks [2004] NSWCA 201 Allianz Australia Insurance Limited v Kerr [2012] NSWCA 13 Category: Principal judgment Parties: Khalilullah Razban (plaintiff) Millie Mitrevska (defendant) Representation: Self-represented (plaintiff)

Counsel: B. Kelleher appeared for the defendant

Solicitors: Hall & Wilcox for the defendant File Number(s): 2015/307184

Judgment

Introduction 1. The plaintiff seeks damages for injuries arising out of a motor vehicle accident, by a Statement of Claim filed on 20 October 2015. The defendant admitted breach of duty of care and the matter proceeded as an assessment only. The award of damages is governed by the Motor Accidents Compensation Act 1999 (the Act). 2. The plaintiff appeared for himself throughout the trial. The hearing took place on 24, 25 and 26 August 2017. Near the conclusion of the oral submissions by the plaintiff, he disclosed that there was a debt outstanding to Medicare of $8,657. I pointed out to the plaintiff that he had called no evidence about that, and that, if I gave judgment without evidence about the Medicare payback, he could lose that amount from his damages. I therefore gave the plaintiff the opportunity to approach Medicare and obtain his records. He did this. The defendant then needed the opportunity to consider the amounts paid by Medicare, to ascertain whether or not it was accepted that each amount related to the motor vehicle accident. For this purpose the matter was listed again for further short hearing on 11 August and 25 August 2017. 3. The motor vehicle accident upon which the plaintiff sued occurred on 10 November 2013. The plaintiff alleged injuries to the upper half of his body. The assessment of damages was complicated by two earlier injuries. In about 2002 the plaintiff fell at school and fractured his left radius and ulna. Plates and screws were inserted and left in place. On 26 June 2011 the plaintiff, while working as a security guard, slipped down some stairs at work and suffered injuries to his knees. These injuries caused him ongoing pains and problems and interfered with his ability to work. It also led to him developing psychological problems.