"Arrogant and argumentative but not a pathological liar" – bikie awarded $164K in CTP claim

Mashaghati v Anderson & Allianz [2016] QDC 245

Key Point

• Although under appeal, Mashaghati is a reminder that even if there are strong reasons to impugn a Plaintiff's credibility, unless that evidence is directly on point it is open to a trial judge to accept a Plaintiff's evidence.

Background

On 1 May 2011 the plaintiff suffered multiple injuries including a lumbar spine, head, dental and psychological injuries when he hit a parked car whilst taking evasive action to avoid a collision. Other than broken teeth, there was no clinical evidence such as medical imaging to corroborate any long term complaint.

As the trial judge put it, the insurer's case was that the plaintiff was "a liar and convicted perjurer who has no credit and who has sustained a minor injury, exaggerating its effect to pay off debts to the Hell's Angels". The defendant had a fair bit of ammunition including: