Al Haje v Elassaad [2024] NSWSC 689

Al Haje v Elassaad [2024] NSWSC 689

The defendant was not acting in self-defence when he struck the plaintiff twice; the strikes were intentional acts intended to cause injury and enlivened s 3B(1) of the Civil Liability Act 2002 (NSW), so damages were to be assessed at common law. The plaintiff was entitled to damages for general loss, economic losses, medical expenses, and a joint award of aggravated and exemplary damages.

Jurisdiction
Australia
Judgment Date
06 June 2024
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff; damages awarded; costs reserved for submissions.
Legal Topics
['intentional Torts' 'trespass to the Person' 'battery' 'assault' 'damages Assessment' 'self Defence' 'aggravated Damages' 'exemplary Damages']
['torts'] ['intentional Torts' 'trespass to the Person' 'battery' 'assault' 'damages Assessment' 'self Defence' 'aggravated Damages' 'exemplary Damages']

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant was acting in self-defence when he struck the plaintiff twice' 'Assessment of damages for the assault' 'Applicability of the Civil Liability Act or common law damages']

Ratio Decidendi

The defendant was not acting in self-defence when he struck the plaintiff twice; the strikes were intentional acts intended to cause injury and enlivened s 3B(1) of the Civil Liability Act 2002 (NSW), so damages were to be assessed at common law. The plaintiff was entitled to damages for general loss, economic losses, medical expenses, and a joint award of aggravated and exemplary damages.

Court Disposition

Judgment for the plaintiff; damages awarded; costs reserved for submissions.

Orders

  • ['Judgment for the plaintiff in the sum of $454,340.95.' 'Costs are to be decided following submissions by the parties.']