Crilly v Bumble Group Pty Limited t/a My Security [2012] NSWDC 3

District Court New South Wales

Medium Neutral Citation: Crilly v Bumble Group Pty Limited t/a My Security [2012] NSWDC 3 Hearing dates: 27 January 2012 and 30 January 2012 Decision date: 30 January 2012 Before: Levy SC DCJ Decision: 1. Verdict and judgment for the plaintiff against the defendant in the sum of $356,759; 2. The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis unless otherwise entitled; 3. The exhibits may be returned; 4. Liberty to apply on 7 days notice if further orders are required. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: TORTS - assault - plaintiff received punch to the head from hotel security guard outside of hotel - resultant fall onto concrete pavement - brain damage from injuries: DAMAGES - assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2002 Uniform Civil Procedure Rules 2005, r 30.1, r 36.7(1) Cases Cited: MBP (SA) Pty Ltd v Gogic [1991] HCA 3; (1991) 171 CLR 657 NSW v Ibbett [2006] HCA 57 State of NSW v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536 Zorom Enterprises Pty Ltd v Zabow & Ors [2007] NSWCA 106; (2007) 71 NSWLR 354 Category: Principal judgment Parties: Patrick Crilly (Plaintiff) Bumble Group Pty Limited t/a My Security (Defendant) Representation: Mr A McSpeddin (Plaintiff) (No appearance for the defendant) Stacks Goupkamp (Plaintiff) (No appearance for the defendant) File Number(s): 2011/78191