Damirdjian, C v Nominal Defendant and Zaya

In the case of Damirdjian, C v Nominal Defendant and Zaya, the plaintiff claimed damages for a motor vehicle accident in which her father was injured due to the negligence of the driver of a vehicle owned by the second defendant. As a result of the accident, the plaintiff suffered psychological injury and sought compensation for mental harm under Part 3 of the Civil Liability Act 2002. The court was required to determine the extent of the plaintiff's mental harm and the appropriate assessment of her claimed heads of damage. The court also had to decide whether the plaintiff was entitled to interest on the damages awarded and the appropriate costs order.

The court examined the evidence and submissions from both parties and found that the plaintiff had suffered a compensable mental injury. However, the court concluded that the first defendant was not liable for the accident, and thus, the plaintiff's claim against the first defendant was dismissed. On the other hand, the court found the second defendant liable for the accident and awarded the plaintiff damages of $467,621.20 for her mental harm. The court declined to award interest on damages at that stage and invited the parties to provide further information on the appropriate order for costs. The exhibits were to be returned, and the plaintiff was granted liberty to apply for further or other orders if necessary.

The final orders of the court were as follows: the first defendant was acquitted of any liability to the plaintiff, while the second defendant was found liable and ordered to pay the plaintiff $467,621.20 in damages for mental harm. The plaintiff's application for interest on damages was refused at that stage, and the parties were invited to provide further information on the appropriate order for costs. The exhibits were to be returned, and the plaintiff was granted liberty to apply for further or other orders if necessary.