Foong v Ghaly; Foong v McLellan [2017] NSWDC 303

Foong v Ghaly; Foong v McLellan [2017] NSWDC 303

The plaintiff's claims of serious injury are not supported by contemporaneous medical evidence, credible testimony, or objective assessments. She suffers only mild soft tissue injuries for each accident, resolved within weeks; her assertions of economic loss, psychiatric injury, and need for domestic assistance are unsupported and contradicted by the record. Accordingly, nominal awards are appropriate for past economic loss and out of pocket expenses only.

Parties
Plaintiff: Yena Foong; Defendant (in 2014/115934): Osama Wadea Ghaly; Defendant (in 2014/200147): Diane Frances McLellan
Jurisdiction
Australia
Judgment Date
03 November 2017
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff in both proceedings, nominal damages only; costs reserved.
Legal Topics
Assessment of Damages, Motor Vehicle Accidents, Admissibility of Social Media Evidence, Economic Loss, Domestic Assistance, Past and Future Treatment Expenses, Plaintiff Credit
Tort Personal Injury Assessment of Damages Motor Vehicle Accidents Admissibility of Social Media Evidence Economic Loss Domestic Assistance Past and Future Treatment Expenses +1 more

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Parties

Yena Foong

Plaintiff

Osama Wadea Ghaly

Defendant (in 2014/115934)

Diane Frances McLellan

Defendant (in 2014/200147)

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff suffered injurious consequences from two motor vehicle accidents justifying her claim for damages
  2. 2 Assessment of economic loss, non-economic loss, home care, and out-of-pocket expenses
  3. 3 Admissibility of social media evidence

Ratio Decidendi

The plaintiff's claims of serious injury are not supported by contemporaneous medical evidence, credible testimony, or objective assessments. She suffers only mild soft tissue injuries for each accident, resolved within weeks; her assertions of economic loss, psychiatric injury, and need for domestic assistance are unsupported and contradicted by the record. Accordingly, nominal awards are appropriate for past economic loss and out of pocket expenses only.

Court Disposition

Judgment for plaintiff in both proceedings, nominal damages only; costs reserved.

Orders

  • Judgment for the plaintiff in proceedings 2014/115934 for $1,250.
  • Judgment for the plaintiff in proceedings 2014/200147 for $1,250.