Azzam v Al Arabeyyat

The plaintiff, Azzam, brought an action against the defendant, Al Arabeyyat, in the District Court of New South Wales, seeking damages for injuries sustained in a motor vehicle accident. The plaintiff claimed damages for both physical injuries and psychological trauma that arose from the accident. The defendant denied liability and contested the quantum of damages claimed.

The primary legal issue was whether the defendant was negligent in causing the accident and, if so, the extent of the damages. The court had to assess the validity of the plaintiff's claims for physical and psychological injuries under the Motor Accidents Compensation Act 1999. The court also needed to determine the appropriate amount of compensation, considering the extent of the injuries and their impact on the plaintiff’s life.

The court found the defendant liable for the accident, accepting the plaintiff's evidence that the defendant's negligence caused the collision. In assessing damages, the court considered medical reports, expert opinions, and the plaintiff's testimony regarding the physical pain and psychological impact of the accident. The court awarded the plaintiff $233,270.48, taking into account both the physical injuries and the psychological harm suffered. The court emphasised the significant impact of the injuries on the plaintiff's quality of life and future prospects.

The court ordered the defendant to pay the plaintiff's costs on the ordinary basis unless otherwise directed, allowed the exhibits to be returned, and granted liberty to apply for further or other orders with seven days' notice.