Al Haje v Elassaad [2024] NSWSC 689

Supreme Court New South Wales

Medium Neutral Citation: Al Haje v Elassaad [2024] NSWSC 689 Hearing dates: 20 – 24 May 2024 Date of orders: 6 June 2024 Decision date: 06 June 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. Judgment for the plaintiff in the sum of $454,340.95. 2. Costs are to be decided following submissions by the parties. Catchwords: TORTS – intentional torts – trespass to the person – battery/assault – whether the defendant was acting in self-defence when he struck the plaintiff twice – held defendant was not acting in self-defence – damages – assessment of damages – whether damages to which the Plaintiff establishes an entitlement are assessed pursuant to the Civil Liability Act or the common law – common law damages awarded – award for general damages – past and future economic loss – past and future medical expenses – aggravated and exemplary damages Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B(1) 52-54, Uniform Civil Procedure Rules (2005) NSW, r 42.34 Cases Cited: AA v PD [2022] NSWSC 1039 Brighten v Traino [2019] NSWCA 168 Mason v Demasi [2009] NSWCA 227 QBE v Orcher; Bowcliff v Orcher [2013] NSWCA 478 Sahade v Bischoff [2015] NSWCA 418 State of New South Wales v Zreika [2012] NSWCA 37 Van Haren v Van Ryn [2023] NSWSC 776 Category: Principal judgment Parties: Wisam Al Haje (Plaintiff) Mohammad Elassaad (Defendant) Representation: Counsel: Mr J Sheller SC (Plaintiff) Mr M Algie (Plaintiff) Mr R Perla (Defendant)