Sprod v Public Relations Oriented Security Pty Ltd [2005] NSWSC 1074

Reported Decision : (2005) Aust Torts Reports 81-817

New South Wales Supreme Court

CITATION : Sprod v Public Relations Oriented Security Pty Ltd [2005] NSWSC 1074

HEARING DATE(S) : 17/10/05, 18/10/05, 19/10/05

JUDGMENT DATE : 1 November 2005

JUDGMENT OF : Cooper AJ at 1

DECISION : Judgment for the defendant.

CATCHWORDS : Vicarious liability

Briginshaw v Briginshaw 1938 60 CLR 366 Starks v RSM Security Pty Ltd & Ors 2004 NSWCA 351 Deatons Pty Ltd v Flew 1949 79 CLR 370 CASES CITED : Darling Island v Long 1956 97 CLR 36 State of New South Wales v Lepore 2003 212 CLR 511 Gordon v Tamworth Jockey Club Inc 2003 NSWCA 82

Gregory Sprod PARTIES : Public Relations Oriented Security Pty Ltd

FILE NUMBER(S) : SC 20455/02

Plaintiff: Mr P. Arden SC COUNSEL : Defendant: Mr G. Watson SC

Plaintiff: Beston Macken McManis SOLICITORS : Defendant: Shearman Lawyers

LOWER COURT JURISDICTION :

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

ACTING JUSTICE COOPER

Tuesday 1 November 2005

20455/02 GREGORY SPROD v PUBLIC RELATIONS ORIENTED SECURITY PTY LTD

JUDGMENT

Introduction 1 COOPER AJ: At about 1:30 on the morning of Saturday 22 December 2001 the plaintiff was found lying unconscious with his head in a pool of blood in a laneway leading from the northern side of Great Western Highway at St Marys. Police and ambulance were called. 2 He was taken to Nepean Hospital where he was found to have a GCS of 4. A head CT revealed multiple frontal spot contusions, an extranial haematoma to the right parietal region and a slight parietal scalp swelling and haematoma. He remained in that hospital in a semi-conscious state until he had recovered sufficiently to be transferred to the Westmead Brain Injury Unit on 12 February 2002. He remained there for a period of approximately a further two months. 3 His injuries are consistent with having been brutally assaulted around the head and he is left with permanent brain damage. 4 In this action he seeks to recover damages to compensate him for those injuries from Public Relations Oriented Security Pty Ltd, a company which provided security guards, also referred to as "bouncers", for the St Marys Band Club, also referred to as "The Band Club". 5 In this action he alleges that his injuries were caused by employees of that company. 6 The defendant denies that its employees caused the injury and further argues that even if one or more of its employees did cause that injury it occurred in circumstances for which the company is not Liable.