Gee v NWQ Management P/L & 2 ors [2002] NSWCA 77

New South Wales Court of Appeal

CITATION : Gee v NWQ Management P/L & 2 ors [2002] NSWCA 77 FILE NUMBER(S) : CA CA 40632 of 2001 HEARING DATE(S) : 11/03/02 JUDGMENT DATE : 11 March 2002

Craig David Gee v PARTIES : NWQ Management Pty Limited (1st Respondent) Jacky Marcel Rene Marie (2nd Respondent) Charles Todorovic & Gino Lilli (T/as Sydney Venue Protection) (3rd Respondent) JUDGMENT OF : Mason P at 13; Meagher JA at 1; Ipp AJA at 17

LOWER COURT JURISDICTION : District Court LOWER COURT DC 9213 of 1999 FILE NUMBER(S) : LOWER COURT Gibb J JUDICIAL OFFICER :

Appellant: Mr J D Hislop QC & Mr T J Morahan COUNSEL : Respondent (1 & 2): Mr R Gambi Respondent (3): Mr R K Weaver SOLICITORS : Appellant: Norton White Lawyers & Notaries Respondent: McMahons National Lawyers CATCHWORDS : Personal Injury - circumstances of incident and causation - whether there was sufficient evidence to establish that the third defendant was guilty of negligence - appeal allowed in part. LEGISLATION CITED : Liquor Act 1982 Newcastle Entertainment Security Proprietary Limited v Simpson (1999) 81 528 ATR 1999 CASES CITED: Jones v Dunkel (1959) 101 CLR 298 Deatons Pty Ltd v Flew (1949) 79 CLR 370 DECISION : 1. Appeal allowed in part; 2. Set aside the verdict for the defendant against the third defendant that was entered in the District Court; 3. In lieu thereof enter a verdict for the plaintiff for damages to be assessed against the third defendant and order the third defendant to pay the plaintiff's costs of the claim against the third defendant to date; 4. Third respondent to pay the appellant's costs of the appeal and to have a certificate under the Suitors Fund Act if qualified; 5. The appeal against the first and second respondents dismissed; 6. Appellant to pay first and second respondents' costs of the appeal; 7. Cross-appeal dismissed.