Uguzcu v Macquarie Hotel Liverpool Pty Ltd [2016] NSWSC 843

Supreme Court New South Wales

Medium Neutral Citation: Uguzcu v Macquarie Hotel Liverpool Pty Ltd [2016] NSWSC 843 Hearing dates: 15 March 2016 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Common Law Before: Davies J Decision: (1) Leave to the Plaintiff to proceed against the Third Defendant for the purpose of setting aside the default judgment obtained against the Third Defendant on 24 June 2015;

(2) Set aside the default judgment obtained against the Third Defendant on 24 June 2015;

(3) Leave to the Plaintiff to discontinue the proceedings against the Third Defendant on condition that the Third Defendant's costs are paid;

(4) Leave to the Liquidators of the Third Defendant to apply within 14 days of service of these orders to vary or set aside orders 2 and 3 above;

(5) Set aside the default judgment obtained against the Fifth Defendant on 24 June 2015;

(6) Leave to the Plaintiff to discontinue the proceedings against the Fifth Defendant;

(7) Judgment for the Plaintiff against the Fourth Defendant in the sum of $125,228.

(8) The Fourth Defendant is to pay the Plaintiff's costs of the proceedings against the Fourth Defendant. Catchwords: DAMAGES – trespass to the person – battery – plaintiff ejected from club – plaintiff struck on head from behind by security guard – claim against security guard – default judgment with damages to be assessed – assault caused subarachnoid haemorrhage – ongoing migraines – post traumatic stress disorder – maximum medical improvement of psychiatric injury reached at 30 months - breakdown of marriage – partial capacity for work after 18 months – consent judgment for damages against two other defendants Legislation Cited: Civil Liability Act 2002 (NSW) Corporations Act 2001 (Cth) Workplace Injury Management and Workers Compensation Act 1998 (NSW) Category: Procedural and other rulings Parties: Serkan Uguzcu (Plaintiff) Macquarie Hotel Liverpool Pty Ltd (First Defendant) Alexander Cheajde (Second Defendant) Eminent Security Pty Ltd (Third Defendant) Lefei Fasavalu (Fourth Defendant) Leeroy Saipaia (Fifth Defendant) Representation: Counsel: A D Campbell (Plaintiff) No appearances (Defendants)