Al Haje v Elassaad [2021] NSWSC 1437

In this case, Greg Walsh acted for Wisam Al Haje (Plaintiff) in respect of an application by Mohammad Elassaad (Defendant) to obtain a temporary stay, pending the conclusion of criminal proceedings, which is listed for trial, for the final hearing on 15 November 2021 at the Bankstown Local Court.

The Plaintiff initiated proceedings in the Supreme Court in respect of an alleged assault by the Defendant upon him which is said to have occurred on 24 January 2021. Those proceedings were initiated on 2 August 2021.

The Plaintiff’s claim is that he sustained serious injuries resulting in non-economic loss (pain and suffering), loss of earning capacity and out-of-pocket expenses, together with exemplary and aggravated damages.

Greg Walsh suggested to the then solicitor of the Defendant that it was for the Defendant to be required to seek particulars of the Statement of Claim prior to 15 November 2021 but that the Defendant not be required to file a Defence until after 15 November 2021 when the criminal matter was listed for final hearing.

This offer was rejected.

Her Honour made orders that the Defendant seek particulars by 17 November 2021 and the Plaintiff respond by 2 December 2021 and a Defence be filed by 9 December 2021.