Al Haje v Elassaad [2021] NSWSC 1437

Al Haje v Elassaad [2021] NSWSC 1437

It was not necessary to require the defendant to seek particulars of the plaintiff's statement of claim prior to the conclusion of pending criminal proceedings, as the aims of civil procedure could be advanced with directions shortly after. Both parties had a measure of success; the appropriate costs order is that costs of the notice of motion be costs in the cause.

Jurisdiction
Australia
Judgment Date
22 October 2021
Procedural Posture
Civil / Interlocutory (application for Stay and Procedural Directions)
Outcome
Notice of motion dismissed. Directions and orders made for future conduct of proceedings.
Legal Topics
['stay of Proceedings' 'concurrent Civil and Criminal Proceedings' 'costs in Interlocutory Proceedings']
['civil Procedure'] ['stay of Proceedings' 'concurrent Civil and Criminal Proceedings' 'costs in Interlocutory Proceedings']

Case Brief

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Procedural Posture

Civil / Interlocutory (application for Stay and Procedural Directions)

Legal Issues

  1. 1 ['Whether the civil proceedings against the defendant should be stayed pending the outcome of criminal proceedings' 'Whether the defendant should be required to seek particulars of the statement of claim prior to conclusion of criminal proceedings' 'Who should bear the costs of the notice of motion']

Ratio Decidendi

It was not necessary to require the defendant to seek particulars of the plaintiff's statement of claim prior to the conclusion of pending criminal proceedings, as the aims of civil procedure could be advanced with directions shortly after. Both parties had a measure of success; the appropriate costs order is that costs of the notice of motion be costs in the cause.

Court Disposition

Notice of motion dismissed. Directions and orders made for future conduct of proceedings.

Orders

  • ['Direct the defendant to seek any particulars he proposes to seek of the statement of claim on or before 17 November 2021.' 'Direct the plaintiff to respond to the request for particulars on or before 2 December 2021.' 'Direct the defendant to file and serve a defence to the statement of claim by 9 December 2021.'...