Al Haje v Elassaad (No 3) [2024] NSWSC 1191

Supreme Court New South Wales

Medium Neutral Citation: Al Haje v Elassaad (No 3) [2024] NSWSC 1191 Hearing dates: 19 September 2024 Date of orders: 20 September 2024 Decision date: 20 September 2024 Jurisdiction: Common Law Before: Elkaim AJ Decision: 1. The judgment and orders made on 6 June 2024 and 28 June 2024 respectively are stayed on condition that the plaintiff is paid $225,000. 2. The $225,000 referred to in the previous order is to be paid from the joint account held in the names of the plaintiff's solicitor and the defendant's solicitor. 3. A further sum of $98,069.16 is to be paid from the same joint account to the plaintiff representing the amount of the costs certificate arising from the orders of Fagan J made on 31 January 2024. 4. A further sum of $93,000 is to be paid from the same joint account to the defendant's solicitors on the undertaking of the solicitors that the monies will not be expended other than in respect of the appeal and/or already incurred legal fees. 5. In the event that the defendant's solicitors decline to give the undertaking stated in the previous order, no amount of money is to be paid to the defendant or his solicitors from the joint account. 6. Each party is to pay its own costs of their respective notices of motion. Catchwords: CIVIL PROCEDURE — stay of proceedings — pending appeal — where defendants seek a stay of proceedings and plaintiff seek payment of half of the verdict sum — court to do justice between the parties — stay of proceedings granted with conditions — payment of previously ordered costs — funds to enable payment of defendant's legal fees, past and future Cases Cited: Al Haje v Elassaad [2024] NSWSC 689 Al Haje v Elassaad (No 2) [2024] NSWSC 794 Alexander v Cambridge Credit Corporation Ltd (1985) 2 NSWLR 685 Category: Procedural rulings Parties: Wisam Al Haje (Plaintiff) Mohammad Elassaad (Defendant) Representation: Counsel: Mr J Sheller SC (Plaintiff) Mr M Algie (Plaintiff) Mr R Perla (defendant) Solicitors: Greg Walsh & Co (Plaintiff) Elias Gates (Defendant) File Number(s): 2021/219805 Publication restriction: No