Hanna v Mahbub; Hanna v The Nominal Defendant [2018] NSWDC 310

District Court New South Wales

Medium Neutral Citation: Hanna v Mahbub; Hanna v The Nominal Defendant [2018] NSWDC 310 Hearing dates: 30 April 2018 Date of orders: 30 April 2018 Decision date: 30 April 2018 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: In 2015/79747: (1) Note that the plaintiff did not appear despite being called. (2) Note that the defendant sought judgment under r 29.7(2) of the Uniform Civil Procedure Rules 2005 after a short hearing on the merits. (3) As no medical evidence is to be tendered and both claims arise out of the same incident, I order that the evidence in proceedings 2015/79768 be evidence in these proceedings. (4) Judgment for the defendant. (5) Plaintiff to pay the defendant's costs on an indemnity basis.

In 2015/79768: (1) Note that the plaintiff did not appear despite being called. (2) Note that the second defendant sought judgment under r 29.7(2) of the Uniform Civil Procedure Rules 2005 after a short hearing on the merits. (3) As no medical evidence is to be tendered and both claims arise out of the same incident, I order that the evidence in proceedings 2015/79747 be evidence in these proceedings. (4) Judgment for the second defendant. (5) Plaintiff to pay the second defendant's costs on an indemnity basis. Catchwords: NEGLIGENCE – motor vehicle accident - fraud Legislation Cited: Uniform Civil Procedure Rules 2005, r 29.7, r 36.16 Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Category: Principal judgment Parties: 2015/79747: Imad Hanna - plaintiff Gazi Mahbub - defendant