El Assaad v Al Haje [2024] NSWCA 306

El Assaad v Al Haje [2024] NSWCA 306

The finding that the respondent suffers from chronic PTSD was open on the evidence; the assessment of general damages was not so inordinately high as to warrant appellate intervention; however, the award for future economic loss was inordinately high, given that the only evidence established a likely recovery within six months, justifying a reduced award of $20,000.

Parties
Appellant: Mohammad El Assaad; Respondent: Wisam Al Haje
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Intentional Torts, Battery, Assessment of Damages, Personal Injury, Psychological Injury, Future Economic Loss
Torts Intentional Torts Battery Assessment of Damages Personal Injury Psychological Injury Future Economic Loss

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Parties

Mohammad El Assaad

Appellant

Wisam Al Haje

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the respondent suffers from chronic post-traumatic stress disorder
  2. 2 Whether the assessment of general damages was excessive
  3. 3 Appropriateness of awards for past and future economic loss

Ratio Decidendi

The finding that the respondent suffers from chronic PTSD was open on the evidence; the assessment of general damages was not so inordinately high as to warrant appellate intervention; however, the award for future economic loss was inordinately high, given that the only evidence established a likely recovery within six months, justifying a reduced award of $20,000.

Court Disposition

Appeal allowed in part

Orders

  • The appeal be allowed in part.
  • Set aside the award made for future economic loss (in the amount of $175,000) and in lieu thereof award the sum of $20,000 for future economic loss.