Stickel v Millcrist Investment Pty Ltd and Anor [2025] NSWDC 21

District Court New South Wales

Medium Neutral Citation: Stickel v Millcrist Investment Pty Ltd and Anor [2025] NSWDC 21 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Civil Before: Catsanos SC DCJ Decision: (1) Judgment in favour of the first defendant. (2) The plaintiff is to pay the first defendant's costs. (3) Judgment in favour of the plaintiff against the second defendant in the sum of $25,000 plus such amount agreed or determined to be payable in respect of pre-judgment interest. (4) Entry of judgment against the second defendant is deferred to allow the parties the opportunity to address the question of pre-judgment interest. (5) The question of costs as between the plaintiff and the second defendant is reserved. (6) In the absence of agreement, I will hear the plaintiff and the second defendant as to pre-judgment interest and costs. Catchwords: LIMITATIONS ACT 1969 – whether proceedings brought within time pursuant to s 14 if commenced but not served within prescribed period TORTS – battery – self-defence – whether security guards acting in self-defence – application of s 52 Civil Liability Act 2002 (NSW) TORTS – battery – whether plaintiff precluded from recovery because of conduct constituting a serious offence – application of s 54 Civil Liability Act 2002 (NSW) TORTS – battery and false imprisonment – operation of s 100 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether security guards undertook lawful arrest TORTS – battery and false imprisonment – operation of s 231 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW) – whether security guards used reasonable force to make arrest VICARIOUS LIABILITY – availability of joint vicarious liability – whether occupier of licensed premises vicariously liable for contracted security guards – whether employer vicariously liable for acts of security guards DAMAGES – adequacy of evidence – assessment of general damages – availability of aggravated and exemplary damages Legislation Cited: Civil Liability Act 2002 (NSW), ss 3B, 52, 53, 54 Civil Procedure Act 2005 (NSW), s 65 Crimes Act 1900 (NSW), ss 37, 61 Evidence Act 1995 (NSW), s 136 Law Enforcement (Powers and Responsibilities) Act 2002 (NSW), ss 100, 231 Limitation Act 1969 (NSW), ss 11, 14 Liquor Act 2007 (NSW) Uniform Civil Procedure Rules (2005), rr 6.1, 6.2, 16(3A), 42.35 Cases Cited: Bird v DP (a pseudonym) [2024] HCA 41 Brisbane South Regional Health Authority v Taylor (1996) 186 CLR 541; [1996] HCA 25 Croucher v Cachia [2016] NSWCA 132 Day v Ocean Beach Hotel Shellharbour Pty Ltd [2013] NSWCA 250 Gray v Motor Accident Commission (1998) 196 CLR 1; [1998] HCA 20 Ruddock v Taylor (2005) 222 CLR 612; [2005] HCA 48 State of NSW v Ibbett [2005] NSWCA 445 State of NSW v Riley (2003) 51 NSWLR 496; [2003] NSWCA 208 Zorom Enterprises Pty Ltd v Zabow & Ors [2007] NSWCA 106 MBP (SA) Pty Limited v Gogic (1991)171 CLR 657; [1991] HCA 3 Category: Principal judgment Parties: Christian Joachim Stickel (Plaintiff) Millcrist Investment Pty Ltd (First Defendant) Infinity Security Group Pty Ltd t/as Infinity Security Group (Second Defendant) Representation: Counsel: Mr J Capsanis (Solicitor Advocate) (Plaintiff) Mr M Hutchings (First Defendant) Mr A Moutasallem (Second Defendant)