Sahade v Bischoff [2015] NSWCA 418

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sahade v Bischoff [2015] NSWCA 418 Hearing dates: 27 August 2015 Date of orders: 23 December 2015 Decision date: 23 December 2015 Before: Basten JA at [1]; Gleeson JA at [2]; Beech-Jones J at [203] Decision: (1) Grant leave to the appellants to file an amended notice of appeal in the form appearing in the Orange Book. (2) Direct the appellants to file an amended notice of appeal within fourteen (14) days. (3) Appeal dismissed. (4) Leave to file an amended cross-summons refused. (5) Cross-summons for leave to cross-appeal dismissed. (6) Reserve all questions of costs in this Court. (7) In default of agreement as to costs, direct: (a) the appellants to file and serve within 28 days of the date of these orders their proposed short minutes of order on the issue of costs and any supporting affidavits, together with written submissions not to exceed 4 pages; (b) the respondents to file and serve their proposed short minutes of order the issue of costs and any supporting affidavits, together with written submissions not to exceed 4 pages within 14 days after service of the appellants' submissions contemplated by the previous order; (c) the appellants to file and serve any written submissions in reply not to exceed 2 pages within 10 days after receiving the respondents' submissions. (8) Direct that the Court determine any issue as to costs on the papers. Catchwords: TORTS – assault – whether primary judge's factual findings concerning alleged assaults by respondent erroneous – self-defence – whether primary judge correctly applied the test and onus for self-defence under s 52 of the Civil Liability Act 2002 (NSW)