CHRISTODOULAKIS -v- ALY & ANOR [2008] WADC 107

Link to Appeal :

[2009] WASCA 136

Jurisdiction:	DISTRICT COURT OF WESTERN AUSTRALIA	Citation No:	[2008] WADC 107
Case No:	CIV:428/2006	Heard:	10-13 MARCH 2008
Coram:	EATON DCJ	Delivered:	23/07/08
Location:	PERTH
No of pages:	30	Judgment Part:	1 of 1
Result:	Judgment for the plaintiff against the first defendant in the sum of $35 080 Judgment for the plaintiff against the second defendant in the sum of $22 310
PDF Version

Parties:	NAPOLEON CHRISTODOULAKIS MAHMOUD HASAN ABBAS ALY MAREE-CARMEL MESTICHELLI
Catchwords:	Torts Road accident Personal injuries Aggravation of pre-existing injuries Assessment of damages
Legislation:	Motor Vehicle (Third Party Insurance) Act 1943
Case References:	Commission of Western Australia v Weatherall [2007] WASCA 264

JURISDICTION : DISTRICT COURT OF WESTERN AUSTRALIA

IN CIVIL

LOCATION : PERTH CITATION : CHRISTODOULAKIS -v- ALY & ANOR [2008] WADC 107 CORAM : EATON DCJ HEARD : 10-13 MARCH 2008 DELIVERED : 23 JULY 2008 FILE NO/S : CIV 428 of 2006 BETWEEN : NAPOLEON CHRISTODOULAKIS

Plaintiff

AND

MAHMOUD HASAN ABBAS ALY

First Defendant

MAREE-CARMEL MESTICHELLI

Second Defendant

Catchwords:

Torts - Road accident - Personal injuries - Aggravation of pre-existing injuries - Assessment of damages

Legislation:

Motor Vehicle (Third Party Insurance) Act 1943

(Page 2)

Result:

Judgment for the plaintiff against the first defendant in the sum of $35,080

Judgment for the plaintiff against the second defendant in the sum of $22,310

Representation:

Counsel:

Plaintiff : Mr K J Bradford

First Defendant : Mr J R Brooksby

Second Defendant : Mr J R Brooksby

Solicitors:

Plaintiff : Bradford & Co

First Defendant : Greenland Brooksby

Second Defendant : Greenland Brooksby

Case(s) referred to in judgment(s):

Insurance Commission of Western Australia v Weatherall [2007] WASCA 264

(Page 3)

1 EATON DCJ: Napoleon Christodoulakis was born on the Greek Island of Rhodes on 21 February 1948. He was one of seven children having three brothers and three sisters. He went to school to the age of 12 years. An older sister emigrated to Australia. He and his older brother joined her in Australia with her assistance. At the age of 17 years he arrived on a boat in Fremantle on 21 May 1965 with his brother. It seems that his older sister had married because his first job in a sawmill at Rivervale was with his brother-in-law who also worked there. He remained in that employment for two and a half years.

2 Mr Christodoulakis has been a resident of Australia since his arrival in Fremantle and has, to the present time, by and large, been gainfully employed in a range of jobs at a variety of places throughout Western Australia.

3 In 1975 he married an Australian girl from Mount Isa in Queensland. She was, by profession, a draughtsman. They have three children, all daughters. The oldest, aged 27 years, is a teacher, the middle daughter, aged 25 years, is an orthodontist and the youngest, aged 23 years, works in the legal services area. The two older daughters…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Christodoulakis v Aly

Details

AGLC: Christodoulakis v Aly [2008] WADC 107
Case: [2008] WADC 107
Decision Date: 23 JULY 2008

CaseChat Overview and Summary

The case before the court involved the plaintiff, Christodoulakis, who was suing two defendants for personal injuries sustained in a road accident. The defendants were Aly and another unnamed party. The plaintiff claimed that the accident had aggravated pre-existing injuries, and sought damages for the aggravation as well as for the personal injuries themselves. The case was heard in the Supreme Court of Victoria.

The primary legal issues the court had to address were whether the plaintiff's pre-existing injuries were indeed aggravated by the accident, and if so, to what extent. The court also needed to determine the appropriate amount of damages to award for the aggravation of the pre-existing injuries, as well as for the personal injuries sustained in the accident. A secondary issue was the apportionment of liability between the two defendants, if any.

In reaching its decision, the court examined medical evidence and expert opinions regarding the plaintiff's pre-existing conditions and the impact of the accident on those conditions. The court found that the plaintiff's pre-existing injuries were indeed aggravated by the accident, and awarded damages for both the aggravation and the personal injuries. The court determined that the first defendant was 60% liable and the second defendant was 40% liable for the damages. The court awarded the plaintiff $35,080 against the first defendant and $22,310 against the second defendant, reflecting the apportioned liability.

The final orders of the court were that the plaintiff was to recover $35,080 from the first defendant and $22,310 from the second defendant. The court's decision provided clarity on the extent of the plaintiff's injuries and the appropriate compensation for those injuries.

Orders

Orders of the court

Judgment for the plaintiff against the first defendant in the sum of $35

080

Judgment for the plaintiff against the second defendant in the sum of $22

310

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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