District Court
New South Wales
Medium Neutral Citation: Moussa v Confoy [2015] NSWDC 103 Hearing dates: 4, 5, 6, 19, 25 May 2015 Date of orders: 30 June 2015 Decision date: 30 June 2015 Jurisdiction: Civil Before: Levy SC DCJ Decision: 1. Verdict and judgment for the plaintiff in the sum of $731,095 ;
2. The defendant is to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered;
3. The exhibits may be returned;
4. Liberty to apply on 7 days notice if further or other orders are required.Catchwords: TORTS – negligence – motor vehicle accident – admission of negligence – whether contributory negligence; DAMAGES – assessment of claimed heads of damage in context of other non-compensable injuries – whether aggravation injuries occurred – whether all of plaintiff’s claimed disabilities were caused by the subject accident – s 5D of the Civil Liability Act 2002 Legislation Cited: Civil Liability Act 2002, s 5D
Civil Procedure Act 2005, s 58
Evidence Act 1995, s 60
Motor Accidents Compensation Act 1999, s 83, s 126, s 134, s 141BCases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13
Brown v Petranker [1991] 22 NSWLR 717
Aon Risk Services Australia Limited v Australian National University [2009] HCA 27
Arian v Nguyen [2001] NSWCA 15
Boral Bricks Pty Ltd v Cosmidis; Boral Bricks Pty Ltd v DM & BP Wiskich Pty Ltd [2013] NSWCA 443
Cupac v Cannone [2015] NSWCA 114
Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25
Girlock (Sales) Pty Ltd v Hurrell [1982] HCA 15; (1982) 149 CLR 155
Holloway v McFeeters [1956] HCA 25; (1956) 94 CLR 470
Hunt v Knight Frank (NSW) Pty Ltd & Ors [2005] NSWCA 139
Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298
Kentwell v The Queen [2014] HCA 37
Larson v Commissioner of Police [2004] NSWCA 126
Luxton v Vines [1952] HCA 19
Majkic v Bonnano [2008] NSWCA 253
Manley v Alexander [2005] HCA 79; (2005) 223 ALR 228
Manly Municipal Council v Skene [2002] NSWCA 385
Mt Isa Mines Ltd v Pusey [1970] HCA 60; (1970) 125 CLR 383
Paul v Cooke [2013] NSWCA 311
Penrith City Council v Parks [2004] NSWCA 201
Purkess v Crittenden [1965] HCA 34; (1965) 114 CLR 164
Sampco Pty Ltd v Wurth [2015] NSWCA 117
Shoalhaven City Council v Humphries [2013] NSWCA 390
Smith v NSWBA [1992] HCA 35; (1992) 176 CLR 256
State of NSW v Moss [2000] NSWCA 133, (2000) 54 NSWLR 536
Strinic v Singh [2009] NSWCA 15
Strong v Woolworths Ltd [2012] HCA 5
Urban Transport Authority v Nweiser [1992] 28 NSWLR 47
Watson v Foxman (1995) 49 NSWLR 315
Watts v Rake [1953] HCA 18; (1953) 89 CLR 200Category: Principal judgment Parties: Salaah Moussa (Plaintiff)
Raymond Confoy (Defendant)Representation: Counsel:
Mr T Boyd (Plaintiff)
Mr D Williams (Plaintiff on 25 May 2015)
Mr J Turnbull (Defendant)
Mr W Reynolds (Defendant on 25 May 2015)
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- AGLC
- Moussa v Confoy [2015] NSWDC 103
- Case
- [2015] NSWDC 103
- Decision Date
CaseChat Overview and Summary
The court considered whether the plaintiff's pre-existing conditions or other factors had contributed to or exacerbated the injuries claimed. The defendant argued that not all of the plaintiff's claimed disabilities were caused by the accident or were significantly aggravated by it. The court needed to determine if the plaintiff's injuries were a direct result of the accident and if the plaintiff had suffered from any pre-existing conditions that could have contributed to the claimed disabilities. The court also needed to assess the damages claimed by the plaintiff in accordance with section 5D of the Civil Liability Act 2002.
After reviewing the evidence, the court found that the plaintiff had suffered from significant disabilities as a result of the accident and that these disabilities were not merely an exacerbation of pre-existing conditions. The court was satisfied that the plaintiff's claimed disabilities were caused by the accident, and that the defendant's negligence was the primary cause of these disabilities. The court awarded the plaintiff $731,095 in damages, taking into account the statutory provisions for assessing damages in negligence cases. The court also ordered that the defendant pay the plaintiff's costs on the ordinary basis unless otherwise ordered, and that the exhibits could be returned.
Orders
Orders of the court
1. Verdict and judgment for the plaintiff in the sum of $731,095 ;
2. The defendant is to pay the plaintiff’s costs on the ordinary basis unless otherwise ordered;
3. The exhibits may be returned;
4. Liberty to apply on 7 days notice if further or other orders are required.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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