Zhang v Zayati

In the matter of Zhang v Zayati, the plaintiff, Zhang, sought damages for physical and psychiatric injuries sustained in a motor vehicle accident caused by the defendant, Zayati. The parties did not dispute liability. The dispute centred on the extent of damages for the injuries suffered. The court was required to determine the extent of the plaintiff's pre-existing life stressors, the nature of the psychiatric injury caused by the accident, and the quantum of damages for the injuries.

The court examined the evidence provided by the parties, including medical evidence, to assess the plaintiff's pre-existing life stressors and the psychiatric injury caused by the accident. The court considered the expert evidence and found that the plaintiff's pre-existing life stressors did not significantly contribute to the psychiatric injury caused by the accident. The court held that the plaintiff had suffered a compensable psychiatric injury as a result of the accident.

The court found that the plaintiff was entitled to damages for the psychiatric injury caused by the accident. The court considered the evidence provided by the parties and determined the quantum of damages. The court held that the plaintiff was entitled to damages for the physical injuries caused by the accident. The court ordered that judgment be entered for the plaintiff against the defendant and that the defendant pay the plaintiff's costs of the proceedings.

The court further ordered that the parties bring in agreed Short Minutes of Order within 7 days for a judgment amount consistent with these reasons, and that the parties have liberty to apply within 14 days for a costs order different to that set out in the judgment. The court also granted liberty to the parties to apply to the Associate to Dicker DCJ on three business days’ notice if there can be no agreement in relation to the judgment amount.