Hawchar bht Manal El Haj Dib v Diab (No 2); Dib v Diab (No 2) [2018] NSWDC 268

Hawchar bht Manal El Haj Dib v Diab (No 2); Dib v Diab (No 2) [2018] NSWDC 268

Radiological expenses relating to Mrs Dib post-31 December 2014 are excluded as not referable to injuries from the relevant accident given earlier medical findings of resolution; physiotherapy expenses for Manessa Hawchar prior to 1 July 2015 are allowed as falling under reasonable medical appointments for checking on a child post-accident.

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
21 September 2018
Procedural Posture
Civil / Post Judgment Interlocutory Determination on Expenses and Application of Reasons for Decision
Outcome
Radiological services expenses for Mrs Dib after 31 December 2014 not recoverable; physiotherapy expenses for Manessa Hawchar prior to 1 July 2015 recoverable.
Legal Topics
Negligence, Motor Vehicle Accident, Assessment of Damages, Admissibility of Expenses
Torts Civil Procedure Negligence Motor Vehicle Accident Assessment of Damages Admissibility of Expenses

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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 / Post Judgment Interlocutory Determination on Expenses and Application of Reasons for Decision

Legal Issues

  1. 1 Whether radiological expenses for Mrs Dib post-31 December 2014 are recoverable as damages
  2. 2 Whether physiotherapy expenses for Manessa Hawchar prior to 1 July 2015 are recoverable as damages

Ratio Decidendi

Radiological expenses relating to Mrs Dib post-31 December 2014 are excluded as not referable to injuries from the relevant accident given earlier medical findings of resolution; physiotherapy expenses for Manessa Hawchar prior to 1 July 2015 are allowed as falling under reasonable medical appointments for checking on a child post-accident.

Court Disposition

Radiological services expenses for Mrs Dib after 31 December 2014 not recoverable; physiotherapy expenses for Manessa Hawchar prior to 1 July 2015 recoverable.

Orders

  • The radiological services expenses claimed for services provided to Mrs Dib after 31 December 2014 are not to be awarded to Mrs Dib.
  • The physiotherapy services expenses claimed for services provided to Manessa Hawchar prior to 1 July 2015 in the sum of $224.70 are to be taken into account in any damages awarded to Manessa Hawchar.