CANTERBURY BANKSTOWN RUGBY LEAGUE FOOTBALL CLUB LTD v ROGERS; BUGDEN v ROGERS [1993] NSWCA 49

CANTERBURY BANKSTOWN RUGBY LEAGUE FOOTBALL CLUB LTD v ROGERS; BUGDEN v ROGERS

SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL

MAHONEY, HANDLEY JJA and GILES AJA 24 September 1993, 23 November 1993 [1993] NSWCA 49

Trespass to person — sporting injury — vicarious liability of employer club — damages LIABILITY — BUGDEN Rogers' jaw was broken by Bugden during a game of Rugby League. Trial judge's finding that Rogers was deliberately injured by Bugden's arm in a head high tackle upheld. The need for care in drawing inferences from photographs adverted to by Mahoney JA.

LIABILITY — CLUB Bugden was employed by Canterbury Bankstown (the Club). Held the Club was vicariously liable because what Bugden did, although unauthorised, was within the scope of his employment. DAMAGES — INTEREST Interest on past general damages reassessed following MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657.

DAMAGES — LOST EARNINGS Held no causal connection established between Rogers' injury and broken leg suffered in a later game which led to lost earnings. DAMAGES — AGGRAVATED AND EXEMPLARY — Held trial judge had overlooked the claim for aggravated damages and that $8,000 should be awarded. Trial judge had declined to award exemplary damages against Bugden because he had already been punished by being suspended and the damages would be small bearing in mind his earnings as a constable. Held by majority (Mahoney JA dissenting) his discretionary decision had miscarried because he had not taken into account Bugden's earnings from playing fees, and $7,500 should be awarded. The Club's position qua exemplary damages had to be separately considered, but held the Club's "motivation" of its players was on the facts insufficient to attract exemplary damages.

Uren v John Fairfax and Sons Pty Ltd (1966) 117 CLR 118, XL Petroleum (NSW) Pty Ltd v Caltex Oil Australia Pty Ltd (1985) 155 CLR 448 and Lamb v Cotagno (1987) 164 CLR | referred to.