Tilden v Gregg

[2015] NSWCA 164

NSW Court of Appeal

View on CaseLaw

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Torts
2. › Negligence
3. › Occupier's liability
4. › Licensed premises
5. › Duty to prevent injury from violent or disorderly conduct of patrons
6. › Whether occupier negligent in not informing staff of patron's propensity for quarrelsome behaviour
7. › Whether occupier negligent in failing to install CCTV camera
8. › Civil Liability Act 2002 (NSW), ss 5B, 5D
1. Torts
2. › Negligence
3. › Causation
4. › Factual causation
5. › But for test
6. › Whether increased supervision or CCTV would have prevented sudden assault
7. › Civil Liability Act 2002 (NSW), s 5D
1. Damages
2. › Intentional torts
3. › Assault
4. › Assessment of general damages
5. › Non-economic loss
6. › Whether primary judge erred in rejecting plaintiff's evidence in light of surveillance footage
7. › Civil Liability Act 2002 (NSW), s 15
1. Damages
2. › Aggravated damages
3. › Exemplary damages
4. › Assault
5. › Whether provocation relevant to exemplary damages
6. › Whether criminal conviction and punishment relevant to exemplary damages

Quick Take

Knowledge that a patron of licensed premises has been 'quarrelsome or argumentative' does not, without more, require the occupier to instruct staff to increase supervision of that patron. Where an assault occurs suddenly and is not anticipated even by the victim and his companion, the 'but for' test of factual causation will not be satisfied by showing that more frequent staff inspections might have resulted in intervention. A criminal conviction and punishment for the same assault is relevant to whether exemplary damages should be awarded in civil proceedings.