Quintano v B W Rose Pty Ltd & anor [2009] NSWSC 446

New South Wales Supreme Court

CITATION : Quintano v B W Rose Pty Ltd & anor [2009] NSWSC 446

HEARING DATE(S) : 21-29 July, 4-6 August 2008

JUDGMENT DATE : 26 May 2009

JURISDICTION : Common Law Division Professional Negligence List

JUDGMENT OF : Brereton J

DECISION : Nightclub operator did not delegate responsibility to security provider. Level of security and number of security guards remained responsibility of operator. Operator breached duty to use reasonable care for safety of patrons by failing to provide sufficient level of security, in particular by failing to provide sufficient security guards. No breach of duty established against security provider. Provision of adequate level of security would have resulted in presence of guard whose timely intervention would probably have quelled brawl before shot was fired, and thus averted injuries to plaintiff. By joining brawl, plaintiff failed to exercise reasonable care for own safety, and materially contributed to injuries; contributory negligence assessed at 50%. Plaintiff's damages, before apportionment, assessed at $6,610,385 plus costs of funds management. Plaintiff is entitled to judgment against first defendant operator for half of that sum. Judgment for second defendant.

CATCHWORDS : NEGLIGENCE – Duty of care – plaintiff shot in course of brawl on nightclub premises – duty of nightclub operator to provide security – duty of security provider contracted to provide security guard – whether operator delegated duty to security provider – whether sufficient level of security provided – whether contracted guard failed to perform his duties diligently – - NEGLIGENCE – Causation – whether higher level of security would have averted injury to plaintiff – - NEGLIGENCE – Contributory negligence – whether by joining brawl plaintiff failed to take reasonable care for own safety – apportionment – - DAMAGES – Assessment – Gratuitous care – whether to be allowed in respect of parent's attendances while plaintiff cared for by paid hospital staff