Brighten v Traino

[2019] NSWCA 168

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Battery
3. › Self-defence
4. › Whether conduct responded to was 'unlawful'
5. › Whether grabbing shirt of person backing into plaintiff constituted unlawful conduct
6. › Civil Liability Act 2002 (NSW), ss 3B(1)(a), 52, 53
1. Torts
2. › Battery
3. › Damages
4. › Non-economic loss
5. › Aggravated damages
6. › Whether refusal to award aggravated damages erroneous where plaintiff's intervention did not constitute licence to be treated with contempt
1. Torts
2. › Battery
3. › Damages
4. › Exemplary damages
5. › Effect of prior criminal conviction and sentence on award of exemplary damages
1. Torts
2. › Battery
3. › Damages
4. › Future economic loss
5. › Whether residual psychiatric injury gave rise to possible future loss of earning capacity
6. › Evaluation of possibilities
7. › Malec v JC Hutton Pty Ltd (1990) 169 CLR 638

Quick Take

A person who puts up their hands to stop a larger person backing into them, or who holds a person's shirt to restrain them from re-entering a fight, does not engage in 'unlawful' conduct within the meaning of s 52(1) of the Civil Liability Act 2002 (NSW), and accordingly the self-defence provisions are not available to the person who strikes them.