Mahdi v Marble Design (Aust) Pty Ltd [2019] NSWDC 287

District Court New South Wales

Medium Neutral Citation: Mahdi v Marble Design (Aust) Pty Ltd [2019] NSWDC 287 Hearing dates: 11, 12 June 2019 Decision date: 25 June 2019 Jurisdiction: Civil Before: Scotting DCJ Decision: Orders dated 25 June 2019: (1) Verdict for the plaintiff. (2) I direct that the parties confer and review the mathematical calculations in the judgment. (3) I direct that the parties confer and bring in Short Minutes of Order to give effect to my decision. (4) I list the matter for argument on 28 June 2019 in relation to any outstanding matters.

Orders dated 27 June 2019: (1) Verdict for the plaintiff in the sum of $1,354,026.00. (2) Order that the defendant pay the plaintiff's costs. (3) The defendant is to have credit for all weekly payments of compensation, currently noted to be $289,469.00. The parties note that weekly payments will continue until the judgment monies are paid to the plaintiff and the defendant will be entitled to credit for any further payments of weekly compensation made between 25 June 2019 and the date that the judgment monies are paid. (4) Note that the parties: (5) (i) agree on the mathematics of the awards set out in the Reasons published on 25 June 2019; (ii) agree that the Fox v Wood sum is $34,311.00; (iii) agree that the interest sum is $22,167.00. (6) Exhibits to be returned to the parties. (7) Vacate the listing of 28 June 2019. Catchwords: TORTS – negligence – work injury – claim against employer – plaintiff's credibility DAMAGES – assessment of damages – past and future economic loss Legislation Cited: Evidence Act 1995 Workers Compensation Act 1987 Workplace Injury Management and Workers Compensation Act 1998 Cases Cited: Kubovic v HMS Management Pty Ltd [2015] NSWCA 315 Paric v John Holland (Constructions) Pty Ltd (1985) 59 ALJR 844 Category: Principal judgment Parties: Firas Mahdi (Plaintiff) Marble Design (Aust) Pty Ltd (Defendant) Representation: Counsel: E G Romaniuk SC with J A Malouf (Plaintiff) D Kelly (Defendant)