Zhang v Zayati [2018] NSWDC 385

District Court New South Wales

Medium Neutral Citation: Zhang v Zayati [2018] NSWDC 385 Hearing dates: 17 October 2018 – 18 October 2018 (Parramatta); 8 November 2018 (Sydney) Date of orders: 12 December 2018 Decision date: 12 December 2018 Jurisdiction: Civil Before: Dicker SC DCJ Decision: (1) Judgment for the plaintiff against the defendant. (2) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed. (3) The parties are to bring in agreed Short Minutes of Order within 7 days for a judgment amount consistent with these reasons. (4) Liberty to the parties to apply within 14 days for a costs order different to that set out in (2) above. (5) Liberty to the parties to apply to the Associate to Dicker DCJ on three business days' notice if there can be no agreement in relation to the judgment amount. Catchwords: Torts – negligence – motor vehicle accident – liability not in issue – alleged physical and psychiatric injuries arising from the accident – extent of plaintiff's life stressors prior to the accident – nature of the plaintiff's psychiatric injury caused by the accident – contested medical evidence – dispute as to damages issues Legislation Cited: Motor Accidents Compensation Act 1999 (NSW) Civil Liability Act 2002 (NSW) Cases Cited: Avopiling Pty Ltd v Bosevski [2018] NSWCA 146 Curtis v Harden Shire Council [2014] NSWCA 314 El-Mohamad v Celenk [2017] NSWCA 242 Hyjer v Lopes [2018] NSWDC 8 Malec v JC Hutton [1990] HCA 20; (1990) 169 CLR 638 Mason v Demasi [2009] NSWCA 227 Smith v Alone [2017] NSWCA 287 Strong v Woolworths Ltd [2012] HCA 5; (2012) 246 CLR 182 Wallace v Kam [2013] HCA 19; (2013) 250 CLR 375 Category: Principal judgment Parties: Joanne Yiwen Zhang (Plaintiff) Rebecca Jayne Zayati (Defendant) Representation: Counsel: R Foord (Plaintiff) D O'Dowd (Defendant)