The decision in Hussain Al-Azam v Ahmed Khagany [2026] NSWDC 29 concerned the assessment of damages in a negligence claim heard in the District Court of NSW. The plaintiff, Mr Hussain Al Al-Azam, brought proceedings for damages arising from an incident that had occurred 2 December 2021. Mr Al-Azam was assisting Mr Ahmed Khagany with cleaning the roof of a granny flat at the defendant’s property. The plaintiff climbed a ladder that had been placed against the structure whilst the defendant held the ladder. As the plaintiff stepped on the Colorbond roof, the sheet beneath his foot collapsed and he fell approximately 3 metres onto the concrete floor below.
The plaintiff suffered significant injuries as a result of the fall. These injuries included a subtrochanteric fracture of the left femur requiring surgical fixation with a plate and screws, a fracture of the left inferior pubic ramus, and substantial shoulder injuries including rotator cuff tear. The plaintiff also developed ongoing back pain and experienced persistent mobility limitations, requiring the use of a wheelchair for approximately six months following the accident and later a walking frame or stick for mobility. Medical evidence indicated that many of his musculoskeletal injuries were chronic and would cause long term disability.
The plaintiff had previous history of post-traumatic stress disorder (PTSD) and a major depressive disorder related to earlier life experience as a refugee. The Court accepted medical evidence that the accident aggravated these conditions and contributed to chronic pain and further psychological distress. The defendant was served with the statement of claim but did not file a defence or otherwise participate in the proceedings. Default judgement was entered against the defendant and the hearing before the Court concerned only the assessment of damages. The plaintiff withdrew his claim for economic loss leaving claims for non-economic loss, domestic assistance, and future medical expenses to be determined.
Damages were assessed under the Civil Liability Act 2002 (NSW) . The Court assessed the plaintiff’s non-economic loss at 40% of a most extreme case and awarded $321,500 for pain and suffering. The Court also accepted evidence that the plaintiff required assistance with personal care and domestic tasks for approximately 18 hours per week, awarding $145,055 for past assistance and $464,043 for future assistance. A further $75,000 was awarded as a buffer for future medical and related expenses.
The Court ordered judgement for the plaintiff in the total sum of $1,005,598, together with an order that the defendant pay the plaintiff’s costs of the proceedings.
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