COLIN BRENCHLEY v CHRIS KOKKINIS CHRIS KOKKINIS v COLIN BRENCHLEY [1989] NSWCA 25

COLIN BRENCHLEY v CHRIS KOKKINIS; CHRIS KOKKINIS v COLIN BRENCHLEY

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

Hope AP, MAHONEY and PRIESTLEY JJA 19-20 June 1989, 20 June 1989

[1989] NSWCA 25

ASSAULT — Challenge to findings in favour of plaintiff no question of principle — appeal dismissed DAMAGES — Challenge to finding that no causal link between assault and disease subsequently arising — no question of principle — cross appeal dismissed

Hope AP These proceedings arose out of an alleged assault which the plaintiff said tookplace on 21 March 1975. The plaintiff was a taxi driver employed by the defendant and had been so employed for about two years. He said in his evidence that at about three o'clock on Friday 21 March, he drove his own car to the Park View Hotel at Alexandria in order to pick up the defendant's taxi and commence to drive it. He parked his car, walked over to the taxi (which was parked in Harley Street, Alexandria), got into it to start it. As he did so, the defendant, who was at the Park View Hotel on the opposite side of the street, walked over to the taxi and a conversation took place between him and the plaintiff concerning the cleaning of the car. On any view, an unhappy situation between the parties was shown in that conversation.

The plaintiff then said that the defendant reached into the taxi, turned off the ignition, and pulled the ignition key out and threw it through the window. The plaintiff said, "It looks as though I'm finished", and opened the door of the taxi and put his right foot on the ground, intending to get out of the taxi. The defendant was on his left side. At that time the defendant threw a punch which hit the plaintiff on the left side of his head and the next thing the plaintiff remembered was that he was on the ground. Further talk took place and the plaintiff walked to his own car and drove home.