Brunoro v Brunoro (No 3) [2016] ACTSC 189 — Claim Of Assault & Detinue — Barrister AI

Brunoro v Brunoro (No 3)

[2016] ACTSC 189

Supreme Court of the ACT29 July 2016

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Interrogate

Catchwords

1. Torts
2. › Claim of assault
3. › Altercation involving a banana cutter
4. › Where plaintiff and third defendant provided inconsistent versions of events
5. › Evidence supported third defendant’s version of events
6. › Claim for damages refused
7. › No issue of principle
1. Torts
2. › Claim of assault
3. › Where plaintiff suffered fractured humerus
4. › Second defendant claimed to have acted in self-defence
5. › Whether actions were reasonable actions of self-defence
6. › Burden of proof
7. › Balance of evidence insufficient for second defendant to satisfy onus of proof
8. › Plaintiff awarded damages
1. Torts
2. › Detinue
3. › No evidence of the demand for return of the chattels
4. › Plaintiff permitted to collect any items that he wanted
5. › No evidence that the defendants had actual possession
6. › Claim dismissed
1. Torts
2. › Trespass
3. › Removal of electrical fuses from property
4. › Where plaintiff had no equitable interest in the property
5. › Plaintiff was not a tenant and only had possession of a small part of the property
6. › Second defendant acting as agent of the owner
7. › Claim dismissed

Case Details

Citation[2016] ACTSC 189

CourtACTSC

JurisdictionAustralian Capital Territory

Decision Date29 July 2016

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Cited by4

2024Richardson v Richardson (No 2)ACTSC 191
2021Ross v GordonACTSC 41
2020Talent v TalentACTSC 240
2017Brunoro v NebelungACTCA 26

Relies on19

2013Kulczycki v Public TrusteeACTSC 230
2004Crossman & Anor v Riedel & OrsACTSC 127
2003Macgregor & Anor v Mervyn Stanley Macgregor as Executor of the estate of Janet Edna Macgregor & AnorWASC 169
1994Singer v BerghouseHCA 40
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