Ahmed Elskaf v Khaled Ghalayini

The plaintiff, Ahmed Elskaf, brought a claim against the defendant, Khaled Ghalayini, seeking compensation for physical and psychological injuries sustained from a jet ski accident. The dispute was adjudicated in the County Court of Victoria. Elskaf alleged that Ghalayini was negligent in operating the jet ski, resulting in the accident that caused the plaintiff’s injuries. The court had to determine whether Ghalayini was negligent and, if so, the extent of the damages Elskaf was entitled to recover.

The court was required to assess the evidence and determine if Ghalayini breached his duty of care by negligently operating the jet ski. Additionally, the court needed to decide the appropriate quantum of damages for non-economic loss, past and future out-of-pocket expenses, future loss of earning capacity, and past and future domestic care and assistance. The threshold for domestic care and assistance was also a significant point of contention in the case.

In its judgment, the court found that Ghalayini was not negligent in the operation of the jet ski. Consequently, Elskaf’s claim was dismissed. The court concluded that the injuries sustained by Elskaf did not meet the legal threshold for compensation. As a result, the court entered a verdict and judgment in favour of the defendant, ordering that Elskaf pay Ghalayini’s costs as agreed or assessed. The plaintiff was granted liberty to apply to the associate within seven days if alternate costs orders were sought.