Hawchar bht Manal El Haj Dib v Diab; Dib v Diab [2018] NSWDC 219

Hawchar bht Manal El Haj Dib v Diab; Dib v Diab [2018] NSWDC 219

Both plaintiffs suffered minor soft tissue and whiplash-type injuries in a motor vehicle accident caused by defendant's breach of duty. However, any disabling symptoms resolved by end of 2014. Claims for extensive domestic assistance and future economic loss are not supported, and ongoing complaints are unreliable due to credibility issues and inconsistent evidence. Damages limited to reasonable medical expenses not already compensated.

Parties
First Plaintiff: Manessa Hawchar by her Tutor Manal El Haj Dib; Second Plaintiff: Manal El Haj Dib; Defendant: Bilal Diab; Second Defendant: AAI Limited t/as GIO
Jurisdiction
Australia
Judgment Date
10 August 2018
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for plaintiffs on minor injuries; damages to be confined to reasonable out-of-pocket medical expenses; domestic assistance and future loss claims rejected; parties to bring in agreed orders; costs reserved.
Legal Topics
Motor Vehicle Accident, Credibility, Damages, Domestic Assistance, Future Earning Capacity for a Child
Torts Negligence Motor Vehicle Accident Credibility Damages Domestic Assistance Future Earning Capacity for a Child

Case Brief

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Parties

Manessa Hawchar by her Tutor Manal El Haj Dib

First Plaintiff

Manal El Haj Dib

Second Plaintiff

Bilal Diab

Defendant

AAI Limited t/as GIO

Second Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether plaintiffs were passengers in the vehicle at the time of the accident
  2. 2 Whether defendant breached duty of care
  3. 3 Whether accident caused injuries to plaintiffs

Ratio Decidendi

Both plaintiffs suffered minor soft tissue and whiplash-type injuries in a motor vehicle accident caused by defendant's breach of duty. However, any disabling symptoms resolved by end of 2014. Claims for extensive domestic assistance and future economic loss are not supported, and ongoing complaints are unreliable due to credibility issues and inconsistent evidence. Damages limited to reasonable medical expenses not already compensated.

Court Disposition

Judgment for plaintiffs on minor injuries; damages to be confined to reasonable out-of-pocket medical expenses; domestic assistance and future loss claims rejected; parties to bring in agreed orders; costs reserved.

Orders

  • The parties are to bring in agreed short minutes of order consistent with the reasons for decision within 7 days.
  • The question of costs is reserved.