HICKEY v DAVISTOWN RSL CLUB LTD [2003] NSWCA 110

New South Wales Court of Appeal

CITATION : HICKEY v DAVISTOWN RSL CLUB LTD [2003] NSWCA 110 HEARING DATE(S) : 10 April 2003 JUDGMENT DATE : 10 April 2003

JUDGMENT OF : Mason P at 1, 5; Meagher JA at 7; Santow JA at 8 DECISION : Appeal dismissed with costs.

CATCHWORDS : Appeal - negligence alleged - primary facts as found by trial judge not in issue - ground of appeal asserting lack of sufficient reasons withdrawn - two friends drinking and playing poker machine at RSL Club for several hours - jackpot! - verbal argument about sharing winnings - closing time - doorman escorted them from premises - each man lived within walking distance of Club - appellant's friend let argument drop and started walking away - appellant ran after him, swung a punch and missed - appellant lost balance and fell to ground injuring himself - Club employees had no reason to believe verbal argument might escalate - whether Club was negligent - appeal continued after and despite South Tweed Heads Rugby League Football Club Ltd v Cole (2002) 55 NSWLR 113 - hopeless appeal. (ND) PARTIES : Ross Patrick HICKEY v DAVISTOWN RSL CLUB LTD FILE NUMBER(S) : CA 40528/02 COUNSEL : Appellant: J Rowe Respondent: D Campbell SC / T Moisidis SOLICITORS : Appellant: Bayside Solicitors Respondent: Ebsworth & Ebsworth

LOWER COURT District Court JURISDICTION : LOWER COURT DC 6659/00 FILE NUMBER(S) : LOWER COURT Garling DCJ JUDICIAL OFFICER :

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40528/02 DC 6659/00

MASON P MEAGHER JA SANTOW JA