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

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

The Court accepted Mr Mahbub as an honest and reliable witness and was satisfied on the balance of probabilities, applying Briginshaw, that Mr and Mrs Hanna were not in the vehicle at the time of the minor collision, were not physically injured by it, and made false and fraudulent claims. Their claims therefore had no merit, judgment was entered for Mr Mahbub, and the fraudulent police report, claims and continued prosecution of the proceedings justified indemnity costs.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Civil Negligence Motor Vehicle Personal Injury Proceedings / Trial Called On; Plaintiffs Did Not Appear; Defendant Sought Judgment Under R 29.7(2) of the Uniform Civil Procedure Rules 2005 After a Short Hearing on the Merits
Outcome
Judgment for Gazi Mahbub in both proceedings; plaintiffs to pay indemnity costs.
Legal Topics
['personal Injury Claims' 'fraudulent Claims' 'plaintiff Non Appearance at Trial' 'judgment Under R 29.7(2) of the Uniform Civil Procedure Rules 2005' 'indemnity Costs']
['negligence' 'motor Vehicle Accidents' 'civil Procedure' 'costs'] ['personal Injury Claims' 'fraudulent Claims' 'plaintiff Non Appearance at Trial' 'judgment Under R 29.7(2) of the Uniform Civil Procedure Rules 2005' 'indemnity Costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil Negligence Motor Vehicle Personal Injury Proceedings / Trial Called On; Plaintiffs Did Not Appear; Defendant Sought Judgment Under R 29.7(2) of the Uniform Civil Procedure Rules 2005 After a Short Hearing on the Merits

Legal Issues

  1. 1 ['Whether Mr and Mrs Hanna were occupants of the stationary vehicle at the time of the collision and were physically injured as a result of it' 'Whether the personal injury claims were false and fraudulent' 'Whether judgment should be entered for Mr Mahbub after the plaintiffs did not appear at trial' 'Whether indemnity costs should be ordered']

Ratio Decidendi

The Court accepted Mr Mahbub as an honest and reliable witness and was satisfied on the balance of probabilities, applying Briginshaw, that Mr and Mrs Hanna were not in the vehicle at the time of the minor collision, were not physically injured by it, and made false and fraudulent claims. Their claims therefore had no merit, judgment was entered for Mr Mahbub, and the fraudulent police report, claims and continued prosecution of the proceedings justified indemnity costs.

Court Disposition

Judgment for Gazi Mahbub in both proceedings; plaintiffs to pay indemnity costs.

Orders

  • ['In 2015/79747: Note that the plaintiff did not appear despite being called.' 'In 2015/79747: 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.' 'In 2015/79747: As no medical evidence is to be tendered and both claims arise out of...