Here Comes the Habibs actor awarded $454k over assault
After seeking compensation for the loss of two teeth in a punch-up, one man's decision to assault an actor and his family has cost him around half a million dollars.
Here Come the Habibs star Sam Alhaje was with his family at his western Sydney home on January 24, 2021 when an aggressive Mohammad Elassaad entered the premises and started the physical assault.
Mr Elassaad lived down the road from the Greenacre home.
The quantitative analyst had been in an altercation with Mr Alhaje's brother Mohammad in the early evening on December 31, 2020 where he suffered a bleeding mouth and lip.
He was seen missing two front teeth when he arrived at Mr Alhaje's home at midnight that night, seeking $7000 to cover future dental work.
When negotiations broke down over the next few weeks, Mr Elassaad then made his fateful trip up the road to confront the Alhajes once again on January 24.
Mr Alhaje - who played Toufic Habib in the Nine comedy - suffered facial injuries after being punched twice in the face and was taken to Bankstown Hospital for treatment.
The 30-year-old then sued for damages in the NSW Supreme Court in August 2021.
On Thursday, Acting Justice Michael Elkaim dismissed Mr Elassaad's claims he acted in self-defence, finding the punches were intentional, forceful and intended to cause injury.
"Despite his assertions that he was being ambushed and wanted to get away, (Mr Elassaad) did no such thing but rather continued his aggressive approach," the judge wrote.
"Although under the pretence of acting in self-defence, (Mr Elassaad) had a 100 per cent success rate in the two punches that he threw."
Justice Elkaim awarded the actor $454,340 covering general damages, past and future economic losses and medical expenses.
This included aggravated damages because of the "high-handed, outrageous" conduct of Mr Elassaad.
However, the court declined to give Mr Alhaje $23,000 for a future rhinoplasty procedure, also known as a nose job, after finding the proposed surgery had nothing to do with the assault.
A decision over whether Mr Elassaad will have to cover the actor's legal costs will be made at a later date.
