Moubarak v Le [2019] NSWDC 123

Moubarak v Le [2019] NSWDC 123

The plaintiff proved modest accident-related injuries and some need for past economic loss, past out-of-pocket expenses and future out-of-pocket expenses, but did not prove that the alleged left wrist injury, need for wrist surgery, future loss of earning capacity or future domestic assistance were caused by the motor vehicle accident. The court therefore entered judgment for the plaintiff for $6,640 and ordered the defendants to pay costs.

Jurisdiction
Australia
Judgment Date
15 April 2019
Procedural Posture
Motor Accident Personal Injury Damages Proceeding / Assessment of Damages After Liability Admitted; Principal Judgment
Outcome
Judgment for the plaintiff for $6,640; defendants to pay the plaintiff's costs.
Legal Topics
['assessment of Damages' 'past Out of Pocket Expenses' 'past Economic Loss' 'causal Connection' 'future Out of Pocket Expenses' 'future Loss of Earning Capacity' 'future Domestic Assistance' 'jones V Dunkel Inference' 'credit of Witness']
['motor Accidents Compensation' 'personal Injury' 'evidence' 'civil Procedure'] ['assessment of Damages' 'past Out of Pocket Expenses' 'past Economic Loss' 'causal Connection' 'future Out of Pocket Expenses' 'future Loss of Earning Capacity' 'future Domestic Assistance' 'jones V Dunkel Inference' 'credit of Witness']

Case Brief

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Procedural Posture

Motor Accident Personal Injury Damages Proceeding / Assessment of Damages After Liability Admitted; Principal Judgment

Legal Issues

  1. 1 ['What damages, if any, should be awarded for past economic loss, past out-of-pocket expenses, future loss of earning capacity, future commercial care and assistance, and future out-of-pocket expenses.' "Whether the plaintiff's claimed residual injuries and disabilities, including alleged left wrist injury and need for surgery, were caused by the motor vehicle accident." "Whether an adverse inference should be drawn under Jones v Dunkel from the plaintiff's failure to call his former employer, Mr Haddad, or his parents." 'Whether past treatment expenses should be reduced by payments already made and by statutory limits on recoverable treatment expenses.']

Ratio Decidendi

The plaintiff proved modest accident-related injuries and some need for past economic loss, past out-of-pocket expenses and future out-of-pocket expenses, but did not prove that the alleged left wrist injury, need for wrist surgery, future loss of earning capacity or future domestic assistance were caused by the motor vehicle accident. The court therefore entered judgment for the plaintiff for $6,640 and ordered the defendants to pay costs.

Court Disposition

Judgment for the plaintiff for $6,640; defendants to pay the plaintiff's costs.

Orders

  • ['Judgment for the plaintiff for $6,640.' "The defendants are to pay the plaintiff's costs." "Liberty is granted to the parties to apply, to my Associate on 7 days' notice, should any variation be sought in relation to the calculation of past out of pocket expenses, and/or the order for costs. Any such application...