Hawchar bht Manal El Haj Dib v Diab; Dib v Diab

The case of Hawchar v. Dib involved claims for damages arising from a motor vehicle accident. The plaintiffs, Mrs El Haj Dib and her daughter Manessa Hawchar, sought compensation for injuries sustained in the collision. The defendants were the drivers of the vehicles involved in the accident. The dispute centred on the circumstances of the collision, the extent of the injuries, and the appropriate assessment of damages. The matter was heard in the Supreme Court of Victoria.

The court was required to determine several key legal issues. First, it had to assess the credibility of the parties' accounts of the collision and the resulting injuries. This involved evaluating the evidence presented, including witness statements and expert reports. Second, the court needed to determine the appropriate amount of compensation for past and future domestic assistance, given the extent of Mrs El Haj Dib's injuries. Third, the court had to consider the potential loss of future earning capacity for Manessa Hawchar, taking into account her age and the likely impact of her injuries on her future career prospects.

The court found that the plaintiffs' accounts of the collision and the resulting injuries were credible. It accepted that the defendants' vehicles had collided, leading to significant injuries for the plaintiffs. In assessing damages, the court considered the extent of Mrs El Haj Dib's injuries and the impact on her ability to perform domestic tasks. It also took into account the likely future earning capacity of Manessa Hawchar, finding that her injuries would have a substantial impact on her ability to work. The court awarded damages reflecting these findings, with specific amounts for past and future domestic assistance and potential loss of future earning capacity. The question of costs was reserved, and the parties were directed to prepare agreed short minutes of order within 7 days.