Van Der Poel v Hall and Ors [2009] NSWDC 50

New South Wales District Court

CITATION: Van Der Poel v Hall and Ors [2009] NSWDC 50

HEARING DATE(S): 20/10/2008-23/10/2008 and 27/10/2008

JUDGMENT DATE: 26 March 2009

JURISDICTION: District Court - Civil

JUDGMENT OF: Sidis DCJ

In proceedings 316/07: 1) Verdict and judgment for the plaintiff against the defendants in the sum of $98,154.95. 2) The defendants are to pay the plaintiff's costs of the proceedings as agreed or assessed. This order is suspended for 7 days to allow the parties to arrange within that period to list the proceedings for further argument, if required. 3) Exhibits will be retained for 28 days. 4) My reasons are published. DECISION: - In proceedings 317/07: 1) Verdict and judgment for the plaintiff against the defendants in the sum of $25,000. 2) The defendants are to pay the plaintiff's costs of the proceedings as agreed or assessed. This order is suspended for 7 days to allow the parties to arrange within that period to list the proceedings for further argument, if required. 3) Exhibits will be retained for 28 days. 4) My reasons are published.

CATCHWORDS: Intentional Tort - common purpose to commit crime - standard of proof - drawing of inferences - scope of purpose - self defence

LEGISLATION CITED: Civil Liability Act 2002

CASES CITED: Jones v Dunkel (1959) 101 CLR 298; Briginshaw v Briginshaw [1938] 60 CLR 336; Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1

Edward Van Der Poel (Plaintiff in File Number: 316/07) PARTIES: Justin Van Der Poel (Plaintiff in File Number 317/07) David Hall (First Defendant in both Matters) Jarrod Hall (Second Defendant in both Matters)