Wael Al-Buseri v Don Jimme [2019] NSWDC 728

District Court New South Wales

Medium Neutral Citation: Wael Al-Buseri v Don Jimme [2019] NSWDC 728 Hearing dates: 4 – 7 November 2019 Date of orders: 29 November 2019 Decision date: 29 November 2019 Jurisdiction: Civil Before: Weber SC DCJ Decision: (1) Judgment and Verdict for the plaintiff in the sum of $22,138.72.

(2) Interest thereon at the rates prescribed from time to time pursuant to the provisions of section 100 of the Civil Procedure Act 2005 (NSW).

(3) Should either party wish to be heard on costs, they should indicate that wish by contacting my associate, such contact to be made no later than 7 days from today.

(4) In the absence of the parties wishing to be heard on costs, I order that the defendant pay the plaintiff's costs. Catchwords: TORTS – Negligence – Road accident cases

Liability – where plaintiff's vehicle travelling through intersection – where plaintiff's vehicle struck by the defendant's vehicle turning across his lane – competing evidence of forensic traffic engineers – factual findings in relation to the plaintiff's speed at relevant times – Jones v Dunkel inference against the defendant – liability established

Damages – Future economic loss– where plaintiff was and continues to be employed as a train driver – where plaintiff has returned to his pre-injury duties – where plaintiff continues to live a physically active lifestyle – no diminution in working life proved – Other heads of damage – past out of pocket expenses agreed – future out of pocket expenses subject to Medical Assessment Service (MAS) certificates – no evidence of past economic loss Legislation Cited: Civil Liability Act 2002 (NSW) Civil Procedure Act 2005 (NSW) Motor Accidents Compensation Act 1999 (NSW) Cases Cited: Allianz Australia Insurance Limited v Serria Girgis and Ors [2011] NSWSC 1424 Insurance Australia Ltd t/as NRMA Insurance v Scott [2016] NSWCA 138 Jones v Dunkel (1959) 101 CLR 298 Category: Principal judgment Parties: Wael Al-Buseri (Plaintiff) Don Jimme (Defendant) Representation: Counsel: Ms I. Ryan (Plaintiff) Mr B. Wilson (Defendant)