NSW Caselaw
Reported Decision : 9 DCLR (NSW) 241
New South Wales District Court
CITATION: Dean Cameron Smith v Cheeky Monkeys Restaurant [2009] NSWDC 257
HEARING DATE(S): 13/8/09 - 14/8/09, 17/8/09 - 18/8/09 EX TEMPORE JUDGMENT DATE : 18 August 2009
JURISDICTION: Civil
JUDGMENT OF: Rolfe DCJ
DECISION: See paragraph 76 and 77 of Judgment.
CATCHWORDS: Plaintiff assaulted by Security Guard at Nightclub - Whether conduct was within scope of employment - Award of Damages at large - Award of exemplary damages against vicariously liable employer butnot against employee
LEGISLATION CITED: Civil Liability Act (2002 )
Deatons Pty Limited v Flew (1949) 79 CLR 370 State of New South Wales v Lepore (2003) 212 CLR 511 McDonald v State of New South Wales (1999) NSW SC 350 New South Wales v Ibbett (2006) 231 ALR 485 CASES CITED: Plenty v Dillon (1991) 171 CLR 635 at 645 Grey v Motor Accidents Commission (1998) 196 CLR 1 Uren v John Fairfax & Sons Pty Ltd (1966) 170 CLR 118 p 152 Zoran Enterprises v Zabow (2007) 71 NSW LR 354 Excel Petroleum (NSW) Pty Ltd v Caltex Oil (Australia) Pty Ltd (1985) 155 CLR 448
Dean Cameron Smith (Plaintiff) PARTIES: Cheeky Monkeys Restaurant and Bar Pty Limited (1st Defendant) Brett Blaikie (2nd Defendant)
FILE NUMBER(S): 107/08
J Priestley (Plaintiff) COUNSEL: L Brasel (1st Defendant) A Van Kempen (1st Defendant exemplary damages) G Hampson (2nd Defendant)
JUDGMENT
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate