Alsuleiman by her tutor Haimour v George [2017] NSWDC 442

District Court New South Wales

Medium Neutral Citation: Alsuleiman by her tutor Haimour v George [2017] NSWDC 442 Hearing dates: 11 October, 9 and 20 November 2017 Date of orders: 21 November 2017 Decision date: 21 November 2017 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $24,319.40. (2) Reserve costs to a date to be fixed. (3) Direct that the parties notify my associate by 5pm on 23 November 2017 of consent orders in respect of costs or alternatively, a list of alternative agreed dates for oral submissions on costs in the month commencing 26 February 2018 or the week commencing 11 December 2017. Catchwords: MOTOR ACCIDENT – child – passenger – breach of duty admitted - damages - recognised psychiatric illness – separation anxiety disorder - future care Legislation Cited: Civil Liability Act 2002, s 31 Cases Cited: Marcalongo v Mattiussii [2000] NSWSC 834 Category: Principal judgment Parties: Aisha Alsuleiman by her tutor Yasmin Haimour (plaintiff) Brett George (defendant) Representation: Counsel: Mr N Ghabar (plaintiff) Mr J Turnbull SC (defendant)

Solicitors: NSW Compensation Lawyers (plaintiff) Carroll & O'Dea (defendant) File Number(s): 2017/101595 Publication restriction: None

Judgment

A. INTRODUCTION 1. Aisha Alsuleiman, barely one year old, was a passenger in a vehicle driven by her mother, Yasmine Haimour, which was involved in a car accident. Breach of duty is admitted by the defendant, Brett George, the other driver. Aisha by her tutor, Ms Haimour, claims damages. 2. Aisha was assessed by a Medical Assessment Service ("MAS") assessor as being under 10% whole person impairment, so no claim is maintained for non‑economic loss. The statement of particulars filed with the statement of claim identified separation anxiety disorder as the only injury received. No physical injury is alleged. The statement of particulars identified past and future medical care, past and future domestic assistance and attendant care, and a buffer for future economic loss as the heads of damages. 3. At the commencement of proceedings, Aisha provided a schedule of damages which sought past care up to the hearing date but sought "No allowance" for future care. 4. After the evidence and the defendant's submissions had concluded, in her closing submissions, Aisha sought to rely on a revised schedule of damages dated 9 November 2017, claiming five years of future care at the same rate as the past care, an amount which was by a significant margin the largest component of her claim for damages. The defendant objected to the new schedule.