Samir Mahmoud Dib v Kallie Doxaratoras [2018] NSWDC 26

Samir Mahmoud Dib v Kallie Doxaratoras [2018] NSWDC 26

The Court found the second defendant did not prove, on the balance of probabilities, that the collision was staged or claim fraudulent. The MAS certificate for psychological injury was not binding because it relied on a factual basis not accepted by the Court. Damages were assessed only for physical injuries causally related to the accident, rejecting economic loss for lost job opportunity and non-economic loss for psychological injury. The plaintiff was awarded a lump sum for future economic loss, out-of-pocket expenses, and future medical treatment.

Parties
Plaintiff: Samir Mahoud Dib; First Defendant: Kallie Doxaratoras; Second Defendant: Insurance Australia Limited trading as NRMA Insurance
Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Civil / Principal Judgment
Outcome
Verdict for the plaintiff against the defendant.
Legal Topics
Motor Accident, Damages Assessment, Fraud, Personal Injury, Causation of Loss, Misrepresentation, Procedural Fairness
Tort Insurance Law Motor Accident Law Motor Accident Damages Assessment Fraud Personal Injury Causation of Loss +2 more

Case Brief

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Parties

Samir Mahoud Dib

Plaintiff

Kallie Doxaratoras

First Defendant

Insurance Australia Limited trading as NRMA Insurance

Second Defendant

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 Whether the motor vehicle collision was a staged accident and claim fraudulent
  2. 2 Whether the MAS Certificate is binding on causation of psychiatric injury
  3. 3 Assessment of damages (economic loss, non-economic loss, out-of-pocket expenses, care)

Ratio Decidendi

The Court found the second defendant did not prove, on the balance of probabilities, that the collision was staged or claim fraudulent. The MAS certificate for psychological injury was not binding because it relied on a factual basis not accepted by the Court. Damages were assessed only for physical injuries causally related to the accident, rejecting economic loss for lost job opportunity and non-economic loss for psychological injury. The plaintiff was awarded a lump sum for future economic loss, out-of-pocket expenses, and future medical treatment.

Court Disposition

Verdict for the plaintiff against the defendant.

Orders

  • The defendant to pay to the plaintiff damages in the sum of $39,105.92.
  • Defendant to pay the plaintiff's costs.