Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre & Ors. (No 5) [2019] NSWSC 507

Supreme Court New South Wales

Medium Neutral Citation: Capar v SPG Investments Pty Limited t/a Lidcombe Power Centre & Ors. (No 5) [2019] NSWSC 507 Hearing dates: 18; 19; 20; 21; 22; 25; 26; 27; 28; 29 September 2017; 12; 13 December 2017; Written submissions 15 February 2018. Date of orders: 13 May 2019 Decision date: 13 May 2019 Jurisdiction: Common Law Before: Bellew J Decision: 1. I enter a verdict and judgment for the first defendant. 2. I enter a verdict and judgment for the second defendant. 3. I enter a verdict and judgment for the third defendant. 4. I dismiss all cross-claims. 5. I reserve the question of costs. 6. I direct each party to provide written submissions to my Associate in respect of costs by Friday 24 May 2019, such submissions not to exceed 3 pages in length in each case. Catchwords: TORTS – Negligence – Where plaintiff was employed as a security guard at commercial premises – Where plaintiff pursued an intruder on the premises – Where plaintiff then encountered the intruder who threatened him with death – Claim for damages for psychiatric injury against the occupier of the premises, the provider of security services and the plaintiff's employer – Evidence of training undertaken by the plaintiff – Clear instructions as to what to do in the event of an intruder coming on to the premises – Where those instructions directed the plaintiff not to pursue any intruder but to call the police – Where plaintiff understood those instructions and acted completely contrary to them

TORTS – Negligence - Where plaintiff was employed as a security guard at commercial premises – Where plaintiff pursued an intruder on the premises – Where plaintiff then encountered the intruder who threatened him with death – Extent to which occupier, service provider and plaintiff's employer should be held liable for the criminal acts of a third party