SUPREME COURT OF THE AUSTRALIAN CAPITAL TERRITORY
| Case Title: | Kilani v Aluabaid |
| Citation: | [2021] ACTSC 90 |
| Hearing Dates: | 10 May 2021 – 12 May 2021 |
| Decision Date: | 14 May 2021 |
| Before: | Elkaim J |
| Decision: | See [108] |
| Catchwords: | CIVIL LAW – NEGLIGENCE – Motor Vehicle Accident – Stolen vehicle – onus of proof – attack on plaintiff’s credit |
| Legislation Cited: | Court Procedures Rules 2006 (ACT), r 407 |
| Cases Cited: | Nguyen v Tran [2018] NSWCA 215 Jones v Dunkel [1959] HCA 8; 101 CLR 298 |
| Parties: | Adam Kilani (Plaintiff) Nashaat Hamid Aluabaid (First Defendant) |
| Transport Accident Commission – Victoria (Second Defendant) | |
| Representation: | Counsel |
| W Sharwood (Plaintiff) | |
| W Fitzsimmons SC (First and Second Defendant) | |
| Solicitors | |
| Gabbedy Milson Lee (Plaintiff) | |
| Moray & Agnew Lawyers (First and Second Defendant) | |
| File Number: | SC 227 of 2020 |
| ELKAIM J: | |
| Background |
1. The plaintiff is suing the defendants for damages arising from injuries he suffered in a motor vehicle accident on 8 October 2018. The offending vehicle was owned by the first defendant and insured by the second defendant. The driver was apparently a thief who had stolen the vehicle the day before. Despite this, the defendants remain
liable for the driver’s actions.
2. The plaintiff was born in Iraq 1984. After spending some time in Jordan he came to Australia in 2006. His father was already living here. The plaintiff first spent some time in Sydney and then moved to Canberra in 2007. He performed assorted types of employment including being a cleaner, working part-time in a restaurant and working at the Saudi Arabian Embassy in an administrative position.
3. In 2010 the plaintiff returned to Iraq for about six months. While in Iraq he was married. He returned to Australia in 2011 and initially spent about a year in Sydney. He then returned to Canberra with his wife. They now have two children.
4. The plaintiff, in about 2016, started to work for a man called Saran who ran a business called Precision Painting. The nature of the business was to contract for and perform painting work.
5. In December 2017 the plaintiff bought the business from Saran. The business came with an office, some tools and a motor vehicle.
6. The plaintiff was healthy prior to the accident. The damages he alleges fall under the heads of general damages, past and future economic loss, past and future domestic care and medical expenses. Prior to the hearing commencing, the parties agreed on future economic loss and past and future domestic assistance.
7. The plaintiff’s alleged injuries relate to his low back and his right shoulder. The
defendants challenged the extent of his injuries and also raised a causation issue in
respect of the right shoulder.8. The defendants put the plaintiff to strict proof of his claim. According to the
defendants the plaintiff’s credit was of such little worth that he could not “be believed
on anything he says” (Transcript page 134).9. This attitude to the plaintiff’s claim extended to liability. What was an…
Continue reading Kilani v Aluabaid
Sign in free to access the full text
- AGLC
- Kilani v Aluabaid [2021] ACTSC 90
- Case
- [2021] ACTSC 90
- Decision Date
CaseChat Overview and Summary
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.