QBE v Orcher; Bowcliff v Orcher [2013] NSWCA 478

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: QBE v Orcher; Bowcliff v Orcher [2013] NSWCA 478 Hearing dates: 5, 6, 7 August 2013 Decision date: 23 December 2013 Before: McColl JA at [1]; Macfarlan JA at [2]; Tobias AJA at [4]. Decision: Appeal 2012/310682 1. Appeal allowed. 2. Set aside the orders made by Harrison J on 12 September 2012 and 23 November 2012. 3. Verdict and judgment for the appellant (QBE Insurance (Australia) Limited). 4. The first respondent to pay the appellant's costs of the trial and of the appeal but to have with respect to the latter a certificate under the Suitors' Fund Act 1951, if otherwise qualified. Appeal 2012/310752 1. Appeal allowed. 2. Set aside the orders made by Harrison J on 12 September 2012 and 23 November 2012. 3. Verdict and judgment for the appellants (Bowcliff Pty Ltd trading as The Bridge Hotel Rozelle and Richard Francis Keough). 4. The first respondent to pay the appellants' costs of the trial and of the appeal but to have with respect to the latter a certificate under the Suitors' Fund Act 1951 (NSW), if otherwise qualified. [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: NEGLIGENCE - hotel patron assaulted across road from licensed premises by employee of hotel - employee not a security guard - evidence unclear as to whether assailant crossed road to intervene in dispute involving patron - non-intervention by employees of hotel and employees of security company - whether evidence sufficient to establish breach of duty