Lakalaka v Group 4 Falck Global Solutions Pty Ltd [2007] NSWDC 79

New South Wales District Court

CITATION: Lakalaka v Group 4 Falck Global Solutions Pty Ltd [2007] NSWDC 79

HEARING DATE(S): 29, 30, 31 January and 1 February 2007

JUDGMENT DATE: 9 February 2007

JURISDICTION: Civil

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Judgment for the defendant

CATCHWORDS: ASSAULT and NEGLIGENCE - Detainee at Villawood Detention Centre stabbed by fellow detainee - Injured detainee alleged stabbing caused as a result of assault by or negligence of detention officers - Case turned on its own facts - no point of principle decided

LEGISLATION CITED: No legislation cited

CASES CITED: No cases cited

PARTIES: Soane Lakalaka (Plaintiff) Group 4 Falck Global Solutions Pty Ltd (Defendant)

FILE NUMBER(S): 1367/05

COUNSEL: Mr C Evatt with Ms L Evans for the plaintiff Mr P Cummings for the defendant

SOLICITORS: Slattery Thompson (Plaintiff) Hunt & Hunt (Defendant)

JUDGMENT Introduction 1. Mr Lakalaka was injured on 14 November 2004 at the Villawood Detention Centre, where he was a detainee. He alleged that during an attack on him by some Chinese detainees he was stabbed and stomped on the head. 2. The defendant was the operator of the Villawood Detention Centre and the employer of the detention officers working at the centre. 3. Mr Lakalaka alleged that his injuries were incurred at a time when he was being forcibly held by a number of detention officers, such that he was prevented from defending himself from the attack or from avoiding the attack by escaping to another part of the centre. 4. His claim is that he was injured either as a result of an assault by those detention officers by whom he was held, or by the negligence of the detention officers present in failing to adequately protect him from the attack, for which the defendant is liable as their employer. 5. The defendant denies that Mr Lakalaka received any injury as a result of any assault by its officers and denies that he was injured as a result of any negligence. It also says that Mr Lakalaka failed to take reasonable care for his own safety. 6. The issues for determination as to liability are: · Was Mr Lakalaka injured as a result of an assault by detention officers forcibly holding him? · Was Mr Lakalaka injured as a result of negligence on the part of the detention officers or on the part of the defendant? · If so, was Mr Lakalaka guilty of contributory negligence?