Gee v NWQ Management P/L & 2 ors

[2002] NSWCA 77

NSW Court of Appeal

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Interrogate

Catchwords

1. Tort
2. › Negligence
3. › Personal injury
4. › Assault by security personnel
5. › Ejection from licensed premises
6. › Whether sufficient evidence to establish negligence
7. › Whether trial judge's findings supportable
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Whether trial judge's conclusions open on the evidence
5. › Failure to call witnesses
6. › Jones v Dunkel inference
1. Tort
2. › Non-delegable duty
3. › Licensed premises
4. › Whether statutory obligations under Liquor Act 1982 (NSW) create non-delegable duty in tort
5. › Liquor Act 1982 (NSW), ss 101, 103
1. Evidence
2. › Failure to call witnesses
3. › Jones v Dunkel
4. › Failure to cross-examine
5. › Effect on assessment of evidence

Quick Take

Statutory obligations imposed on a licensee under ss 101 and 103 of the Liquor Act 1982 (NSW) do not create a non-delegable duty of care in tort, though the statutory material is relevant to the issue of non-delegability. Where security personnel eject a patron from licensed premises causing injury, and the security firm fails to call any witnesses or challenge the plaintiff's corroborated evidence, a verdict for the plaintiff is well-nigh inevitable.