Marhaba v Chen

The case of Marhaba v Chen involved a claim for damages following a motor vehicle accident. The plaintiff, Marhaba, alleged negligence on the part of the defendant, Chen, who admitted liability for the accident. The dispute centred on the extent of the injuries suffered by Marhaba and the degree to which those injuries were attributable to the accident, particularly given Marhaba's pre-existing back injury and subsequent spinal degeneration. The matter was heard in the Supreme Court of New South Wales.

The primary legal issues the court had to address were whether Marhaba continued to experience physical and psychological effects from the accident, and the extent to which these effects could be attributed to the accident as opposed to the pre-existing conditions. Additionally, the court needed to determine the credibility of Marhaba's testimony regarding the impact of the accident on his life and the level of domestic assistance required.

The court found that Marhaba's credibility was questionable in some respects, but ultimately accepted his evidence regarding the ongoing physical and psychological effects of the accident. The court accepted that Marhaba had suffered from a pre-existing back injury and subsequent spinal degeneration, but concluded that the accident had exacerbated his condition. The court also accepted that Marhaba required ongoing domestic assistance, although it reduced the amount awarded to account for the pre-existing conditions. The court awarded Marhaba damages in the sum of $155,524, taking into account the pre-existing injury and degenerative condition.

The court ordered that the defendants were to pay the plaintiff's costs. Additionally, if any party sought a variation to the costs order, the order would be stayed until further order if notification was made to chambers within 7 days.