NSW Caselaw
New South Wales Court of Appeal
CITATION: SPEDDING v NOBLES; SPEDDING v McNALLY [2007] NSWCA 29 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S): 8 February 2007
JUDGMENT DATE: 26 February 2007
JUDGMENT OF: Beazley JA at 1; McColl JA at 2; Basten JA at 3
DECISION: Appeal dismissed with costs.
CATCHWORDS: NEGLIGENCE – duty of care – whether licensee of hotel had a duty to protect patrons from criminal assault by third parties – power and obligation to control provided by Liquor Act 1982 (NSW), ss 2A, 103(1), 103(3A) and 125 - NEGLIGENCE – breach – whether licensee had knowledge of an earlier assault and robbery – whether it was open to the trial judge to draw the inference that there was such knowledge – whether risk of attack was reasonably foreseeable.
LEGISLATION CITED: Liquor Act 1982 (NSW), ss 2A, 103, 125
Chordas v Bryant (Wellington) Pty Ltd (1988) 20 FCR 91 (FC of FCA) Club Italia (Geelong) Inc v Ritchie (2001) 3 VR 447 (VSCA) McNally v Spedding; Nobles v Spedding [2005] NSWCA 400 Modbury Triangle Shopping Centre Pty Ltd v Anzil (2000) 205 CLR 254 CASES CITED: Oxlade v Gosbridge Pty Ltd (unrep, NSWCA, 18 December 1998) Proprietors of Strata Plan 17226 v Drakulic (2002) 55 NSWLR 659 South Tweed Heads Rugby League Football Club Ltd v Cole (2002) 55 NSWLR 113 Spedding v McNally; Spedding v Nobles [2005] HCA Trans 367 TAB Limited v Atlis [2004] NSWCA 322
Douglas Spedding – Appellant (40501/06 and 40503/06) PARTIES: Nicole Yvonne Nobles – Respondent (40501/06) Belinda McNally – Respondent (40503/06)
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