El Assaad v Al Haje
Case
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[2024] NSWCA 306
•20 December 2024
Details
AGLC
Case
Decision Date
El Assaad v Al Haje [2024] NSWCA 306
[2024] NSWCA 306
20 December 2024
CaseChat Overview and Summary
The appeal in *El Assaad v Al Haje* concerned an assessment of damages following a finding of battery. The appellant sought to challenge the primary judge's findings regarding the extent of the respondent's injuries and the resulting economic losses.
The central legal issues before the Court of Appeal were whether the primary judge had erred in finding that the respondent suffered from chronic post-traumatic stress disorder, and consequently, whether the primary judge had erred in the determination of general damages, past economic loss, and future economic loss.
The Court of Appeal allowed the appeal in part. While it upheld the primary judge's findings regarding the respondent's injuries and past economic loss, it set aside the award for future economic loss. The Court substituted an award of $20,000 for future economic loss in place of the original $175,000. The parties were directed to make submissions on costs.
The central legal issues before the Court of Appeal were whether the primary judge had erred in finding that the respondent suffered from chronic post-traumatic stress disorder, and consequently, whether the primary judge had erred in the determination of general damages, past economic loss, and future economic loss.
The Court of Appeal allowed the appeal in part. While it upheld the primary judge's findings regarding the respondent's injuries and past economic loss, it set aside the award for future economic loss. The Court substituted an award of $20,000 for future economic loss in place of the original $175,000. The parties were directed to make submissions on costs.
Details
Key Legal Topics
Areas of Law
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Negligence & Tort
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Civil Procedure
Legal Concepts
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Appeal
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Damages
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Causation
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Remedies
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Costs
Actions
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Citations
El Assaad v Al Haje [2024] NSWCA 306
Most Recent Citation
El Assaad v Al Haje (No 2) [2025] NSWCA 17
Cases Cited
1
Statutory Material Cited
1
Miller v Jennings
[1954] HCA 65
Miller v Jennings
[1954] HCA 65