Adeels Palace Pty Ltd v Moubarak; Adeels Palace Pty Ltd v Bou Najem

Adeels Palace Pty Ltd was the defendant in proceedings brought by the plaintiffs, Mr Moubarak and Mr Bou Najem, in the Supreme Court of New South Wales. The dispute arose from injuries sustained by the plaintiffs when a brawl broke out at a wedding reception held at the defendant's restaurant, Adeels Palace. The plaintiffs alleged that the defendant had breached its duty of care to provide a safe environment for its patrons by failing to take reasonable steps to prevent the fight and to control it once it began. The case ultimately reached the High Court of Australia.

The High Court was required to determine whether the defendant owed a duty of care to the plaintiffs to prevent injury from the violent conduct of other patrons, and if so, whether that duty had been breached. A further issue was whether, assuming a breach of duty, the plaintiffs' injuries were caused by the defendant's negligence, or whether the intervening criminal conduct of the third parties constituted a novus actus interveniens, breaking the chain of causation.

The High Court held that the defendant did owe a duty of care to take reasonable steps to protect its patrons from foreseeable harm, including harm caused by the violent conduct of other patrons. This duty extended to taking reasonable steps to prevent such conduct and to control it if it occurred. However, the Court found that the brawl was not reasonably foreseeable by the defendant, and therefore, there was no breach of duty. Even if there had been a breach, the Court considered that the criminal acts of the third parties were the direct cause of the plaintiffs' injuries, and that these acts were not so unforeseeable as to be incapable of breaking the chain of causation. The principles of negligence, including the elements of duty of care, breach of duty, and causation, were central to the Court's reasoning.

The High Court allowed the appeal, finding that the defendant was not liable for the plaintiffs' injuries.