Julia Day v The Ocean Beach Hotel Shellharbour Pty Ltd [2012] NSWDC 294

District Court New South Wales

Medium Neutral Citation: Julia Day v The Ocean Beach Hotel Shellharbour Pty Ltd [2012] NSWDC 294 Decision date: 23 April 2012 Before: Cogswell SC DCJ Decision: Verdict and judgment for first and second defendant against plaintiff. Verdict and judgment for plaintiff against third defendant. Awards of $2500 for general damages, $2500 for aggravated damages and $5000 for exemplary damages. Catchwords: TORTS - vicarious liability - plaintiff injured when removed from licensed premises by security guard - removal constituted assault and battery - employer of security guard vicariously liable - hotel and licensee not vicariously liable for security guard's conduct - Civil Liability Act 2002 not applicable. DAMAGES - award of general, aggravated, exemplary damages - public humiliation of patron in her local hotel. Legislation Cited: Civil Liability Act 2002 Cases Cited: Colonial Mutual Life Assurance Society Ltd v The Producers and Citizens Co-operative Assurance Company of Australia Ltd (1931) 46 CLR 41. Deatons Pty Limited v Flew (1949) 79 CLR 370. Hopper v Reeve 7 Taunt 699. Naidu v Group 4 Securitas Pty Ltd [2005] NSWSC 618. New South Wales v Lepore (2003) 212 CLR 511. Sprod v Public Relations Oriented Security Pty Ltd [2007] NSWCA 319. State of New South Wales v Steven Charles Radford [2010] NSWCA 276. State of New South Wales v Williamson [2011] NSWCA 183. Sweeney v Boylan Nominees Pty Ltd (2006) 226 CLR 161. Texts Cited: RP Balkin and JLR Davis, Law Of Torts, 4th ed (2009) LexisNexis Butterworths. Fleming's The Law of Torts, 10th ed (2011) Lawbook Co. Category: Principal judgment Parties: Julia Day (Plaintiff) The Ocean Beach Hotel Shellharbour Pty Ltd (First defendant) Karma Elliott-Cosmos (Second defendant) Checkmate Security International Pty Ltd (Third defendant) Representation: Counsel: E Chrysostomou (Plaintiff) W S Reynolds (First defendant and Second defendant) File Number(s): DC 2010/379772