Lewis v Clifton & Ors [2011] NSWDC 79

District Court New South Wales

Medium Neutral Citation: Lewis v Clifton & Ors [2011] NSWDC 79 Hearing dates: 25/7/11-29/7/11 Decision date: 29 July 2011 Jurisdiction: Civil Before: Elkaim SC DCJ Decision: See paragraph 134 Catchwords: Personal injury. Duties of hotel. Legislation Cited: Civil Liability Act 2002 Cases Cited: Adeels Palace Pty Ltd v Moubarak (2009) 239 CLR 420 Category: Principal judgment Parties: Jason Michael Lewis (Plaintiff) Alan Grant Clifton (First Defendant) Charlene Myree Usher (Second Defendant) Mathea Anne Usher (Third Defendant) Trent Andrew Usher (Fourth Defendant) Luke Anthony Usher (Fifth Defendant) Paul Christopher Macgregor (Sixth Defendant) Rodney James Ross (Seventh Defendant) Nicole Joanne Ross (Eighth Defendant) Representation: T Boyd and J Cairn (Plaintiff) D Morgan and B Palmer (Defendants) Herbert Weller Solicitor (Plaintiff) Boyd House & Partners (Defendants) File Number(s): 2008/00318704

Judgment 1On 28 August 2005 the plaintiff was crowned the NSW Light Welterweight Amateur Boxing Champion. Following his successful bout the plaintiff celebrated at the Vandenberg Hotel (the 'hotel'). At about 1.30am the plaintiff was assaulted in the urinal by a Mr Shelker. He was injured. 2The plaintiff's injuries were widespread. An injury to his right leg was serious. Its effects will remain with him for the rest of his life. The plaintiff blames the defendants for the assault. He says it was caused by their negligence and he seeks damages by way of compensation. 3The defendants make up a partnership that runs and operates the hotel. The first defendant is the licensee. The defendants admit they owed the plaintiff a duty of care. They deny there was a breach of the duty. They also dispute the severity of the plaintiff's injuries and therefore the quantum of the damages claimed. 4The action is governed by the Civil Liability Act 2002 (the 'CLA').