Medulla v Abdel Hameed [2003] NSWSC 747

Medulla v Abdel Hameed [2003] NSWSC 747

On the evidence, the defendants engaged in repeated trespass causing damage. The plaintiffs were entitled to damages for the repair cost to the pool filter and waste removal. Although the matter involved small damages, the suit was justified given the injunctive relief sought and difficulties in alternative resolution. Costs awarded to plaintiffs, interlocutory injunction dissolved as parties no longer neighbours.

Parties
Plaintiff: Mario Medulla; Plaintiff: Liliana Medulla; Defendant: Medhat Abdel Hameed; Defendant: Suma Abdel Hameed
Jurisdiction
Australia
Judgment Date
30 July 2003
Procedural Posture
Civil / Final Judgment After Trial
Outcome
Judgment for the plaintiffs for $86.50; defendants to pay plaintiffs' costs; interlocutory injunction dissolved.
Legal Topics
Costs, Trespass to Land, Damages, Injunction
Equity Costs Trespass to Land Damages Injunction

Case Brief

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Parties

Mario Medulla

Plaintiff

Liliana Medulla

Plaintiff

Medhat Abdel Hameed

Defendant

Suma Abdel Hameed

Defendant

Procedural Posture

Civil / Final Judgment After Trial

Legal Issues

  1. 1 Whether the defendants trespassed on the plaintiffs' land
  2. 2 Whether the plaintiffs suffered damage as a result of the trespass
  3. 3 Entitlement to damages and costs

Ratio Decidendi

On the evidence, the defendants engaged in repeated trespass causing damage. The plaintiffs were entitled to damages for the repair cost to the pool filter and waste removal. Although the matter involved small damages, the suit was justified given the injunctive relief sought and difficulties in alternative resolution. Costs awarded to plaintiffs, interlocutory injunction dissolved as parties no longer neighbours.

Court Disposition

Judgment for the plaintiffs for $86.50; defendants to pay plaintiffs' costs; interlocutory injunction dissolved.

Orders

  • Judgment for the plaintiffs in the proceeding.
  • Defendants to pay plaintiffs' damages in the sum of $86.50.