Kiperman v Highflame Pty Ltd [2007] NSWDC 165

New South Wales District Court

CITATION: Kiperman v Highflame Pty Ltd [2007] NSWDC 165 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S): 14, 15, 16 and 17 May 2007

JUDGMENT DATE: 26 July 2007

JURISDICTION: District Court - Civil Jurisdiction

JUDGMENT OF: Johnstone DCJ at 1

DECISION: Judgment for the plaintiff against the first and second defendants for $29,970, and against the third defendant for $2,970; Defendants to pay the plaintiff's costs, on the ordinary basis

CATCHWORDS: Assault - plaintiff punched by nightclub bouncer supplied by security company - operator and licencee of nightclub vicariously liable - Negligence - supervisor from security company failed to intervene and discipline bouncer - operator and licencee of nightclub vicariously liable - Damages separately assessed for the assault, at common law, and under the Civil Liability Act for the negligence - statutory threshold for non-economic loss not met - exemplary and aggravated damages claimed but not awarded

LEGISLATION CITED: Civil Liability Act 2002

Caledonian Collieries Ltd v Speirs [1957] HCA 14 at [12] Colonial Mutual Life Assurance Society Ltd v Producers and Citizens Co-operative Assurance Co of Australia Ltd (1931) 46 CLR 41 Hollis v Vabu [2001] HCA 44 CASES CITED: Knight v McLean [2002] NSWCA 314 at [61] Sweeney v Boylan Nominees Pty Limited [2006] HCA 19 Thomson v Bankstown Corporation (1953) 87 CLR 619 at 630 Zorom Enterprises Pty Ltd v Zabow [2007] NSWCA 106

Richard Kiperman (Plaintiff) Highflame Pty Limited (First Defendant) PARTIES: Daniel James Dixon (Second Defendant) The Prime Protection Group Australia Pty Limited t/as Prime Protection (Third Defendant)