Al Haje v Elassaad [2021] NSWSC 1437

Supreme Court New South Wales

Medium Neutral Citation: Al Haje v Elassaad [2021] NSWSC 1437 Hearing dates: 22 October 2021 Decision date: 22 October 2021 Jurisdiction: Common Law Before: Adamson J Decision: (1) Direct the defendant to seek any particulars he proposes to seek of the statement of claim on or before 17 November 2021. (2) Direct the plaintiff to respond to the request for particulars on or before 2 December 2021. (3) Direct the defendant to file and serve a defence to the statement of claim by 9 December 2021. (4) Dismiss the plaintiff's notice of motion filed on 20 October 2021. (5) Order that the costs of the notice of motion be costs in the cause. (6) Stand the matter over for further directions at 9.15am on 13 December 2021. (7) Grant liberty to the parties to restore the matter to the list on two days' notice. Catchwords: CIVIL PROCEDURE — Application for stay of proceedings — Concurrent civil and criminal proceedings — Not necessary to direct the defendant to seek particulars of plaintiff's statement of claim prior to conclusion of criminal proceedings — Notice of motion dismissed and directions made COSTS — Party/Party — Costs orders in interlocutory proceedings — Costs in the cause Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Procedural rulings Parties: Wisam Al Haje (Plaintiff) Mohammad Elassaad (Defendant) Representation: Counsel: J Sheller SC (Plaintiff) A Boland (Defendant)