Adeels Palace Pty Ltd v Moubarak.doc; Adeels Palace Pty Ltd v Najem

Adeels Palace Pty Ltd was the defendant in proceedings brought by Moubarak and Najem, who were patrons injured at a wedding reception held at the defendant's premises. The plaintiffs alleged that the defendant had breached its duty of care by failing to provide adequate security, which led to a brawl and their subsequent injuries. The case proceeded to the High Court of Australia following a decision by the New South Wales Court of Appeal.

The High Court was required to determine whether the defendant owed a duty of care to the plaintiffs to prevent harm caused by the violent conduct of third parties on its premises, and if so, whether that duty had been breached. A further issue was whether the plaintiffs' injuries were caused by the defendant's breach of duty, considering the intervening criminal acts of other patrons.

The Court held that a duty of care could arise in circumstances where a defendant creates a risk of harm, or where the defendant has control over a third party whose conduct might cause harm. In this instance, the defendant's failure to take reasonable steps to prevent the foreseeable risk of violence from patrons, particularly given prior incidents, constituted a breach of its duty of care. The Court found that the brawl was not so unforeseeable or disconnected from the defendant's omissions as to break the chain of causation. The criminal acts of the third parties were not an independent cause of the plaintiffs' injuries, but rather the very risk that the defendant ought to have guarded against.

The High Court dismissed the appeal, upholding the decision of the New South Wales Court of Appeal and affirming the liability of Adeels Palace Pty Ltd for the injuries sustained by the plaintiffs.