Saleh v The Nominal Defendant

In the Federal Court of Australia, Saleh brought an action against an unidentified driver of a motor vehicle, referred to as the Nominal Defendant, seeking compensation for injuries sustained in a motor vehicle collision. The Plaintiff contended that the collision was caused by the Nominal Defendant, and that the Plaintiff had not been contributorily negligent. The Plaintiff also sought to establish that the requirements of due search and inquiry had been met to identify the Nominal Defendant, and to recover damages for multiple heads of loss.

The court was required to determine whether the collision was caused by the Nominal Defendant, whether the Plaintiff was contributorily negligent, and whether the Plaintiff had satisfied the requirements of due search and inquiry to identify the Nominal Defendant. The court also needed to assess the Plaintiff's claim for damages, including general damages, damages for loss of earnings, and damages for out-of-pocket expenses.

The court found that the collision was caused by the Nominal Defendant, and that the Plaintiff was not contributorily negligent. The court also held that the Plaintiff had satisfied the requirements of due search and inquiry to identify the Nominal Defendant. The court assessed the Plaintiff's claim for damages and awarded the Plaintiff compensation in the sum of $1,083,398. The entry of final judgment and any orders for costs were deferred pending the assessment of damages for funds management charges. The court listed the proceedings for directions to make consequential orders by consent or, in the absence of consent, to enable a date to be fixed for further evidence and argument on the issues of funds management charges and costs.