Al-Hadi v Zreika [1999] NSWSC 514

New South Wales Supreme Court CITATION : Al-Hadi v Zreika [1999] NSWSC 514 CURRENT JURISDICTION : Equity Division FILE NUMBER(S) : 1953/99 HEARING DATE(S) : 31 May 1999 JUDGMENT DATE : 31 May 1999

Edmond Al-Hadi (P1) PARTIES : Ramona Al-Hadi (P2) Gazi Zreika (D1) Wafaa Zreika (D2) JUDGMENT OF : Master McLaughlin

COUNSEL : Mr. J. Patel (P) SOLICITORS : Neil Kerz (P) In Person (D) CATCHWORDS : DECISION :

SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

MASTER McLAUGHLIN

Monday, 31 May 1999

1953/99 EDMOND AL-HADI & ANOR -v- GAZI ZREIKA & ANOR JUDGMENT

1 MASTER: These proceedings were instituted by summons filed on 9 April 1999 by the plaintiffs, Edmond Al-Hadi and Ramona Al-Hadi. The defendants named to that summons are Gazi Zreika and Wafaa Zreika. The summons seeks declarations and injunctive relief concerning the drainage of sewerage from the land of the defendants through the land of the plaintiffs and also seeks damages and costs. 2 An appearance was filed on behalf of the defendants by Bruce Brian Cameron of Cameron Gillingham & Boyd on 19 April 1999. The matter came before Bergin J as Duty Judge in the Equity Division on 27 April 1999. On that date orders were made by consent, those orders being declarations in the terms of paragraphs 1 and 2 in the summons and an order in the terms of paragraph 3 in the summons. On that occasion the first defendant appeared in person. I gather that the defendants had by then dispensed with the services of their solicitors, although no notice of ceasing to act has yet been filed. 3 The orders by consent also included orders in the form of a timetable set forth in short minutes dated 27 April 1999. That timetable included provision for the filing of affidavits by the defendants by 17 May 1999. No affidavits of the defendants were filed by that date or indeed at any time. 4 The orders of Bergin J included an order that the matter be listed before the Registrar this day, 31 May 1999. The matter has been referred by the Registrar to me upon the application of the plaintiffs. The purpose of that referral was the application of the plaintiffs for damages and for costs. The amount of damages sought by the plaintiffs is in a total amount of $2,870. In support of that amount the plaintiffs relied upon the affidavit of Buddy John Chaloub sworn on 21 May 1999. 5 The first defendant appeared in person; his daughter acted as his interpreter. At the outset the defendants were desirous that the matter be further adjourned, an application which was opposed by the plaintiffs on account of the small amount being claimed by them in respect to damages. I stood the matter down in the list, and ultimately the parties reached agreement concerning the claim of the plaintiffs for damages. 6 A document entitled Terms of Settlement has been signed by Counsel for the plaintiffs and by the first defendant on behalf of the defendants. It also bears a notation that the daughter of the first defendant, Mrs Boushra Kabbout, has acted as interpreter for her father. That document is in the following terms: By consent the court orders: