Bishoy Wahba Mansour v Bola Adel Awad [2022] NSWDC 334

Procedural Posture

Civil Personal Injury Motor Accident Damages Claim Under the Motor Accidents Compensation Act 1999 (nsw) / Assessment Hearing After the Defendant Admitted Breach of Duty of Care But Disputed the Loss and Damage Claimed

Legal Issues

1. 1 ['What damages should be assessed for injuries suffered by the plaintiff as a passenger in the motor vehicle collision on 6 December 2015.' 'Whether the plaintiff proved past economic loss and future diminution of earning capacity caused by his injuries, principally low back injury.' 'Whether Medical Assessment Service certificates were conclusive on claims for domestic assistance and treatment expenses.' 'Whether the plaintiff was entitled to future paid care for outside domestic tasks and future out-of-pocket expenses.' "What weight should be given to the plaintiff's self-reported symptoms, work capacity and histories recorded in medical reports."]

Ratio Decidendi

The plaintiff proved that the motor accident caused compensable injuries, including lumbar discal soft tissue injury producing some ongoing pain, vulnerability and limitation for heavy manual tasks, but his evidence about incapacity and work loss was vague, inconsistent and exaggerated. His actual work history, including full-time construction supervisory work and security work, showed only a limited diminution of earning capacity. MAS certificates were binding on certified matters and excluded most domestic assistance and treatment claims, except the conceded pain management course; however, outside domestic tasks were not fully covered and justified a modest buffer. Damages were...

Court Disposition

Judgment for the plaintiff in the sum of $62,142.38, with the defendant to pay the plaintiff's costs.

Orders

• ['Verdict and judgment for the plaintiff in the sum of $62,142.38' "Defendant to pay the plaintiff's costs"]