Abdul-Rahman v Kadhemi [2014] NSWSC 594

Supreme Court New South Wales

Medium Neutral Citation: Abdul-Rahman v Kadhemi [2014] NSWSC 594 Hearing dates: 13 March 2014 Decision date: 16 May 2014 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Verdict and judgment for the Plaintiff against the Defendant in the sum of $500,000.00. 2. The Defendant be at liberty to deduct from the settlement monies referred to in order 1 above, the following: (a) Medicare Charge - $1,371.55; and (b) Any money owing to Centrelink. 3. The Defendant pay the Plaintiff's party/party costs and disbursements agreed in the sum of $150,000.00 inclusive of GST within 28 days from the date of these orders. 4. The sums of $120,693.22 inclusive of GST be released to the Plaintiff's solicitor's Trust Account forthwith in payment of their solicitor/client costs and disbursements upon the Defendants paying the settlement monies to the New South Wales Public Trustee and Guardian. 5. In addition to order 4 above, the sums of $7,628.50 and $8,959.70 inclusive of GST, be released to the Plaintiff's solicitor forthwith in payment of firstly, their tax invoice dated 26 May 2010, being for costs and disbursements incurred by the Plaintiff's solicitor for the Plaintiff in criminal proceedings against Police (CAN No: H 39457132) and secondly, DIB Lawyers' invoice of 23 April 2014. 6. The Defendants to pay the balance of the settlement monies to the New South Wales Public Trustee and Guardian. Catchwords: PROCEDURE - notice of motion - order seeking settlement approval - settlement approved Legislation Cited: Civil Procedure Act 2005 (NSW) Legal profession Act 2004 (NSW Motor Accidents Compensation Act 1999 (NSW) Category: Procedural and other rulings Parties: Rabah Abdul-Rahman by his tutor Entissar Abdul-Rahman (Plaintiff) Ali Ali Kadhemi (First Defendant) Tania Daryawish (Second Defendant) Representation: Counsel: Mr M Joseph SC with Mr D Stanton (Plaintiff) Mr Williams SC (Defendant) Solicitors: Sanford Legal (Plaintiff) Vardanega Roberts Solicitors (Defendants) File Number(s): 2012/209717 Publication restriction: None