Dickson v Chaffey & Anor (No 3) [2012] NSWSC 1135

Supreme Court New South Wales

Medium Neutral Citation: Dickson v Chaffey & Anor (No 3) [2012] NSWSC 1135 Hearing dates: 18 September 2012 Decision date: 18 September 2012 Jurisdiction: Common Law Before: Beech-Jones J Decision: Judgment for the Plaintiff against the First Defendant Catchwords: ASSAULT - ex parte hearing - no question of principle. Legislation Cited: Civil Liability Act 2002 - s 52 Cases Cited: - Dickson v Chaffey and Reddawn [2012] NSWSC 336 - Dickson v Chaffey (No 2) unreported, NSWSC, 18 September 2012 Category: Interlocutory applications Parties: Steven George Dickson (Plaintiff) Russell Peter Chaffey (First Defendant) Event Safety & Security Solutions Pty Ltd t/as Reddawn (Second Defendant) Representation: Counsel: I.D. Roberts SC, Ms K. Oldfield (Plaintiff) J.S. Carroll (Sol) (Second Defendant) Solicitors: Stacks Goudkamp (Plaintiff) Wotton + Kearney (Second Defendant) File Number(s): 2010/401443

EX TEMPORE Judgment 1The plaintiff was seriously injured in an incident that occurred in the early hours of 2 December 2007. He subsequently commenced proceedings against the first defendant, Russell Peter Chaffey, pleading that Mr Chaffey had assaulted him. Mr Chaffey was at the time of the incident engaged as a security guard by Event Safety & Security Solutions Pty Ltd, trading as Reddawn ("Reddawn", the former Second Defendant). He was performing duties outside "Q Bar" which is located within the licensed premises of the Exchange Hotel in Oxford Street, Surry Hills. The plaintiff also sued Reddawn on the basis that it was vicariously liable for Mr Chaffey's assault.