Hamaidi v Xu

The plaintiff in this case brought a claim against the defendant for damages sustained in a motor accident that occurred on 20 September 2015. The plaintiff alleged that the defendant's negligent driving caused the accident, which resulted in injuries to the plaintiff. The case was heard by the Supreme Court of New South Wales. The primary issues before the court were whether the plaintiff was incapacitated for a period of time following the accident, and if so, for how long, and whether the plaintiff's damages were limited to the quantum disclosed in his income tax returns.

The court considered the evidence presented by both parties, including the plaintiff's income tax returns, which showed that he had not reported any income from taxi driving for the period following the accident. The court found that the plaintiff was indeed incapacitated for a period of time following the accident, and that this period was longer than the plaintiff had admitted. The court also found that the plaintiff's damages were not limited to the quantum disclosed in his income tax returns, as the plaintiff had not been actively seeking work during this period and had not reported his income from taxi driving.

The court held that the plaintiff was entitled to damages for the period of incapacity, as well as for the loss of income from taxi driving during that period. The court also held that the defendant was liable for the full extent of the plaintiff's damages, as the defendant's negligence had caused the accident. The court awarded the plaintiff damages in the amount of $13,351.95, and ordered the defendant to pay the plaintiff's costs on the ordinary basis until 3 November 2017, and the plaintiff to pay the defendant's costs on an indemnity basis from 4 November 2017.