Mantzios v Mount Pritchard District & Community Club Limited [2010] NSWDC 70

New South Wales District Court

CITATION: Mantzios v Mount Pritchard District & Community Club Limited [2010] NSWDC 70

HEARING DATE(S): 15, 16, 17 and 18 September 2009 and 14, 15, 16, 28, 29 and 30 October 2009

JUDGMENT DATE: 30 April 2010

JURISDICTION: Civil

JUDGMENT OF: Bozic SC DCJ

DECISION: 1. Verdict and judgment for the plaintiff in the sum of $219,409. 2. The defendants are to pay the plaintiff's costs on the ordinary basis up to and including 28 July 2009 and on an indemnity basis from 29 July 2009 to date.

CATCHWORDS: TORTS - trespass to person - assault - whether plaintiff assaulted by security guard at club - CAUSATION - two independent assaults occurring within minutes - whether second assault caused or contributed to the plaintiff's injuries - DAMAGES - award of compensatory, aggravated and exemplary damages

Manly Council v Byrne [2004] NSWCA 123 CASES CITED: Paric v John Holland Constructions Pty Ltd [1984] 2 NSWLR 505 Roads and Traffic Authority v Royal [2008] HCA 19; (2008) ALR 653

Nickolas Mantzios, plaintiff PARTIES: Mount Pritchard District & Community Club Limited, first defendant CPR Security Specialists Pty Ltd, second defendant

FILE NUMBER(S): 1363/08

COUNSEL: Mr P Maiden SC with Mr C Sandrasegara for Plaintiff Mr G Grant for First and Second Defendants

SOLICITORS: Anthony Porthouse Kheir & Associates Solicitors for Plaintiff Lee & Lyons Lawyers for First and Second Defendants

Introduction 1 On the evening of 11 June 2005 three young men in their early twenties, the plaintiff, his cousin Mr Joseph Mallia and a friend, Mr Phillip Martin, went to the Mount Pritchard District &Community Club ("the Club"). The Club is the first defendant in these proceedings. At about 11.00 pm the three men went into a nightclub at the Club called Fuze ("the nightclub"). While in the nightclub, the plaintiff was allegedly assaulted by one of the security guards at the Club, a Mr Tahu Frost. Mr Frost was employed by the second defendant. Following the alleged assault the three men were ejected from the premises by the security guards. The plaintiff was driven by car to the Emergency Department at Fairfield Hospital. He was not admitted to the Hospital and after being examined by a doctor was allowed to go home.