WHITE v WORTHINGTON [2007] NSWDC 12

New South Wales District Court

CITATION: WHITE v WORTHINGTON [2007] NSWDC 12

HEARING DATE(S): 5,6,12 February 2007 EX TEMPORE JUDGMENT DATE : 14 February 2007

JURISDICTION: Civil

JUDGMENT OF: Sidis DCJ

DECISION: 1. There will be verdict and judgment for the plaintiff in the sum of $95,550.20; 2. The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed on an ordinary basis; 3. The Exhibits will be retained for twenty eight days.

CATCHWORDS: Assault, intentional tort, whether self defence relieving defendant of liability.

LEGISLATION CITED: Civil Liability Act 2002 - ss 3B, 52, 53

PARTIES: Brian Joseph WHITE Stephen WORTHINGTON

FILE NUMBER(S): Newcastle 143 of 2006

C A W Hart Plaintiff COUNSEL: G R Graham Defendant

Bale Boshev Plaintiff SOLICITORS: Emery Partners Defendant

JUDGMENT

HER HONOUR

1 In this matter Mr Brian White was assaulted as he was walking home from the Wangi Wangi Workers Club at about 7.45pm on 25 June 2004.

2 He claims to have suffered a fracture to his left ankle, lacerations to his scalp, general bruising, and a consequential injury to his right knee resulting in a total knee replacement. He alleges that these injuries were inflicted by Mr Stephen Worthington, a former neighbour, and by probably one other unidentified person.

3 Mr Worthington admitted that he struck Mr White one blow on the night in question but denied that he had caused the injuries claimed. He asserted that Mr White had provoked and assaulted him, so that he was acting in self-defence.