NSW Caselaw
New South Wales Court of Appeal
CITATION: Sandstone DMC Pty Limited & Anor v Trajkovski & Anor [2006] NSWCA 205 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 24/07/06
JUDGMENT DATE: 27 July 2006
JUDGMENT OF: Handley JA at 1; Ipp JA at 2; McColl JA at 24
DECISION: Appeal dismissed with costs (the appellants to pay the costs of both respondents).
CATCHWORDS: NEGLIGENCE - vicarious liability- liability of nightclub owner and licensee - security officer assaulted first respondent after removing him from nightclub premises - whether security officer was acting within the scope of his employment - New South Wales v Lepore (2003) 212 CLR 511 applied. D
CASES CITED: Deatons Pty Ltd v Flew (1949) 79 CLR 370 New South Wales v Lepore (2003) 212 CLR 511
Sandstone DMC Pty Limited (First Appellant) PARTIES: Neil Osborne (Second Appellant) Nikola Trajkovski (First Respondent) Kamil Eurkul (Second Respondent)
FILE NUMBER(S): CA 40497/05
I Harrison SC/S Torrington (First & Second Appellants) COUNSEL: K Rewell SC/M Cleary (First Respondent) J Downing (Second Respondent)
A R Conolly & Company (First & Second Appellants) SOLICITORS: Stephen Smart & Associates (First Respondent) Lough Wells Duncan (Second Respondent)
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S): DC 959/04
LOWER COURT JUDICIAL OFFICER: Charteris DCJ
LOWER COURT DATE OF DECISION: 06/05/05
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40497/05 DC 959/04
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