El-Mohamad v Celenk [2017] NSWCA 242

El-Mohamad v Celenk [2017] NSWCA 242

The Court dismissed the appeal, finding no error in the trial judge's conclusion that the appellant had not established, on the evidence, that any further injury or aggravation was caused by the second accident. The trial judge's reasoning was found to be careful, comprehensive, and unimpeachable, and none of the challenged findings as to medical evidence, causation, or the relevance of payments or medical assessments disclosed error. Adequate reasons were given for the conclusion reached.

Parties
Appellant: Abir El-Mohamad; Respondent: Aydan Celenk
Jurisdiction
Australia
Judgment Date
22 September 2017
Procedural Posture
Civil Appeal / Appeal From District Court Judgment
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Motor Vehicle Accident, Whole Person Impairment, Causation, Admissibility of Admissions, Credibility, Economic Loss
Personal Injury Evidence Assessment of Damages Motor Vehicle Accident Whole Person Impairment Causation Admissibility of Admissions Credibility +1 more

Case Brief

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Parties

Abir El-Mohamad

Appellant

Aydan Celenk

Respondent

Procedural Posture

Civil Appeal / Appeal From District Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in finding the appellant did not suffer further injury in the second accident on 23 August 2010
  2. 2 Whether payments made under s 83 of the Motor Accidents Compensation Act 1999 constituted an admission of damage having been caused by the accident
  3. 3 Whether the MAS medical assessment was relevant to the assessment of damages for economic loss

Ratio Decidendi

The Court dismissed the appeal, finding no error in the trial judge's conclusion that the appellant had not established, on the evidence, that any further injury or aggravation was caused by the second accident. The trial judge's reasoning was found to be careful, comprehensive, and unimpeachable, and none of the challenged findings as to medical evidence, causation, or the relevance of payments or medical assessments disclosed error. Adequate reasons were given for the conclusion reached.

Court Disposition

Appeal dismissed

Orders

  • Dismiss the appeal from the judgment of the District Court dated 26 April 2016.
  • Order that the appellant pay the respondent's costs in this Court.