Whitehouse Properties t/as Beach Road Hotel v McInerney & Anor [2005] NSWCA 436

New South Wales Court of Appeal

CITATION: Whitehouse Properties t/as Beach Road Hotel v McInerney & Anor [2005] NSWCA 436

HEARING DATE(S): 15/11/05

JUDGMENT DATE: 13 December 2005

JUDGMENT OF: Mason P at 1; Ipp JA at 2; Brownie AJA at 3

DECISION: 1. As between the appellant/hotelier and the first respondent/plaintiff, appeal dismissed, with costs; 2. As between the appellant/hotelier and the second respondent/security company, appeal allowed in part; 3. On the cross-claim, the verdict and judgment of the District Court set aside; and in lieu thereof verdict and judgment for the cross-claimant for $79,955.40, and costs of the cross-claim; 4.The second respondent/security company should pay to the appellant/hotelier half of the costs of the appellant on the appeal, but if otherwise qualified should have a certificate under the Suitors' Fund Act 1951.

CATCHWORDS: Torts - vicarious liability - contributions between tort-feasors, both of whom are vicariously liable.

Civil Liability Act 2002 Law Reform (Miscellaneous Provisions) Act 1946 LEGISLATION CITED: Liquor Act 1982 Suitors' Fund Act 1951

Scott v Davis [2000] HCA 52, 204 CLR 323 Quarman v Burnett (1940) 6 M & W 499, 151 ER 509 CASES CITED: Starks v R S M Security Pty Ltd [2004] NSWCA 351 Soblusky v Egan [1960] HCA 215 (1960) 103 CLR 215

Whitehouse Properties t/as Beach Road Hotel - Appellant PARTIES: Anthony McInerney - First Respondent S Smith Security Pty Ltd - Second Respondent

FILE NUMBER(S): CA 40263/05

A M Colefax SC - Appellant COUNSEL: R T McKeand SC and D W Elliott - First Respondent G M Watson SC - Second Respondent