Hadaway v Robinson & Ors [2010] NSWDC 188

New South Wales District Court

CITATION: Hadaway v Robinson & Ors [2010] NSWDC 188

HEARING DATE(S): 25, 26, 27, 28, 29 May, 1, 2, 3, 4, 5 June, 28 July, 7 and 20 August 2009

JUDGMENT DATE: 3 September 2010

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

1. Verdict and judgment for the plaintiff against the first defendant in the sum of $1,161,368; 2. Verdict and judgment for the plaintiff against the second defendant in the sum of $922,394; 3. Verdict and judgment for the plaintiff against the third defendant in the sum of $922,394; DECISION: 4. Verdict and judgment for the cross-claimant against the cross-defendant in the sum of $645,675; 5. The defendants are to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 6. The cross-defendant is to pay the costs of the cross-claimants on the ordinary basis unless otherwise ordered; 7. The exhibits may be returned; 8. Liberty to apply on 7 days notice if further orders are required.

CATCHWORDS: TORTS – assault and battery – plaintiff assaulted on leaving licensed premises – whether assailant liable in damages for assault and battery – whether hotel owner and licensee are liable for antecedent breach of duty of care owed to plaintiff in respect of events occurring within licensed premises prior to assault and battery - DAMAGES – assessment of multiple heads of compensatory damages – entitlement of plaintiff to award of exemplary and aggravated damages – dual damages assessments – assessment of common law damages and assessment of damages under Civil Liability Act 2002 – jurisdiction for damages award – extended jurisdiction conferred by s 51(4) of District Court Act 1973.