Homsi v Pasquale [2017] NSWDC 371

District Court New South Wales

Medium Neutral Citation: Homsi v Pasquale [2017] NSWDC 371 Hearing dates: 1, 2, 8, 13, 17 and 21 November 2017 Date of orders: 21 December 2017 Decision date: 21 December 2017 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the plaintiff for $0. (2) Costs reserved with liberty to apply. Catchwords: TORT – personal injury – plaintiff a passenger in a stationary vehicle involved in a slow speed rear-end collision at traffic lights – breach of duty of care admitted – assessment of damages – claims for past and future home assistance and past and future out of pocket expenses - plaintiff consulted a general practitioner once but thereafter had no medical treatment – past and future out of pocket expenses agreed to be zero – causation - plaintiff previously involved in two more serious accidents – medical certificate on plaintiff's claim form unsatisfactory – plaintiff's medico-legal evidence inaccurate and deficient – occupational therapist's report relied on medical certificate filled out by retired medical practitioner at plaintiff's solicitor's office after her claim form was completed - no allowance made for past or future home care – whether damages award of $0 could be made Legislation Cited: Motor Accidents Compensation Act 1999 (NSW), ss 83, 85A and 109 Uniform Civil Procedure Rules 2005 (NSW), r 7.29 Cases Cited: Broxton v McLelland (No 2) [1997] EMLR 157 Cha v Oh (No. 21) (2009) 9 DCLR (NSW) 67 Dank v Nationwide News Pty Ltd [2016] NSWSC 295 Homsi v Nabulsi [2017] NSWDC 16 Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705 Spautz v Dempsey (Supreme Court of New South Wales, 29 April 1993) Teskey v Toronto Transit Commission, 2003 CanLII 12871 (ON SC) Category: Principal judgment Parties: Plaintiff: Souraya Homsi Defendant: Felli Pasquale Representation: Counsel: Plaintiff: Dr S C Thornton Defendant: Mr A J J Renshaw