Hawchar bht Manal El Haj Dib v Diab (No 3); Dib v Diab (No 3) [2018] NSWDC 282

District Court New South Wales

Medium Neutral Citation: Hawchar bht Manal El Haj Dib v Diab (No 3); Dib v Diab (No 3) [2018] NSWDC 282 Hearing dates: 21 September 2018 Date of orders: 04 October 2018 Decision date: 04 October 2018 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) In the proceedings relating to Mrs El-Haj Dib: (a) The parties are to bring in agreed Short Minutes of Order consistent with the reasons for decision of Dicker SC DCJ within seven days; (b) Liberty to apply on two business days' notice; (c) The exhibit on the application is to be retained until further order. (2) In the proceedings relating to Manessa Hawchar: (a) The parties are to bring in agreed Short Minutes of Order consistent with the reasons for decision of Dicker SC DCJ within seven days; (b) Liberty to apply on two business days' notice; (c) The exhibit on the application is to be retained until further order. Catchwords: Torts – negligence – motor vehicle accident – whether payments by defendant's insurer for medical expenses made under Section 83 of the Motor Accidents Compensation Act 1999 (NSW) – effect of making of payments in relation to medical treatment of injured plaintiffs – appropriate order as to costs where plaintiff obtains only modest damages and is unsuccessful on a number of significant issues Legislation Cited: Civil Procedure Act 2005 (NSW) Health and Other Services (Compensation) Act 1995 (Cth) Motor Accidents Compensation Act 1999 (NSW) Uniform Civil Procedure Rules 2005 Cases Cited: Attorney General for New South Wales v XX [2018] NSWCCA 198 Bostik Australia Pty Ltd v Liddiard (No 2) [2009] NSWCA 304 Carr v Western Australia (2007) 232 CLR 138; [2007] HCA 47 Hawchar v Diab [2018] NSWDC 219 Hawchar v Diab (No 2) [2018] NSWDC 268 Hooker v Gilling (No 2) [2007] NSWCA 214 Hunter Quarries Pty Ltd v Mexon (as Administrator for the Estate of Late Ryan Messenger) [2018] NSWCA 178 McGlen-McLeod v Galloway [2011] NSWDC 163 McLaughlin v Dungowan Manly Pty Ltd [2010] NSWSC 306 McLennan v Antonios (No 2) [2014] NSWDC 38 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 Ryde Developments Pty Ltd v Property Investors Alliance Pty Ltd (No 2) [2018] NSWCA 40 Yazgi v Permanent Custodians Ltd (No 2) [2007] NSWCA 306 Category: Principal judgment Parties: Manessa Hawchar by her Tutor Manal El Haj Dib (First Plaintiff) Manal El Haj Dib (Second Plaintiff) Bilal Diab (Defendant) AAI Limited t/as GIO (Second Defendant) (from commencement of hearing until 16 May 2018) Representation: Counsel: D Campbell SC and R Di Michiel (Plaintiffs) W Fitzsimmons (Defendant from 17 May 2018) (Second Defendant from commencement of hearing to 16 May 2018)