Anastasiou v Chubb Security (Australia) Pty Ltd

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IN THE SUPREME COURT OF VICTORIA Not Restricted

AT MELBOURNE

COMMON LAW DIVISION

No. 9855 of 2005

GEORGE ANASTASIOU Plaintiff
v
CHUBB SECURITY (AUSTRALIA) PTY LTD Defendant

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JUDGE:

KAYE J

WHERE HELD:

Melbourne

DATE OF HEARING:

2-6 June, 10, 11 June 2008

DATE OF JUDGMENT:

20 June 2008

CASE MAY BE CITED AS:

Anastasiou v Chubb Security (Australia) Pty Ltd

MEDIUM NEUTRAL CITATION:

[2008] VSC 211

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NEGLIGENCE – Employer and employee – Security guard injured while evicting drunken patron – Whether safe system of work – Whether adequate training and instruction – Whether contributory negligence – Damages for pain and suffering – Damages for economic loss.

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APPEARANCES:

Counsel Solicitors
For the Plaintiff Mr T Tobin SC
and Mr N Bird
BJT Legal Pty Ltd
For the Defendant Mr R Middleton
and Ms A Ryan
Wisewoulds

HIS HONOUR:

  1. The plaintiff claims damages in respect of injuries which he sustained on 7 April 2002 while working as a security guard for the defendant, Chubb Security (Australia) Pty Ltd (“Chubb”) at the Southgate Complex, Southbank. 

Background

  1. The plaintiff was born in Cyprus on 12 September 1965.  He migrated to Australia with his family at the age of 9, and was educated to Year 11.  After being employed in a number of different jobs, he commenced work as a security guard in the early 1990s with Protech Security.  Subsequently, he worked with Sterling Security, Westfield, looking after a number of shopping centres.  While the plaintiff was working at Westfield, Probe Security bought the business of Sterling Security.  The plaintiff continued to work as a security officer at a number of shopping centres including Southland, Doncaster and Airport West.  He was mainly stationed at Airport West.  While working there he was promoted to a senior guard.  He was looking after shops and helping centre management requirements.  His duties at that stage did not involve significant crowd control work. 

  1. The plaintiff commenced work, while employed with Probe, at Southbank in 1996.  He worked rotating shifts, namely, day shift, afternoon shift and night shift.  He commenced at Southgate as a retail guard for a couple of years.  He was then promoted to the control room, where he worked for a couple more years.  In that capacity the plaintiff was monitoring some 32 cameras which were situated throughout the complex.  At that time Probe was responsible not only for the security of Southgate, but also for the IBM Tower and the Herald & Weekly Times tower.  The plaintiff was working half of his time in the control room, and the other half of his time undertaking patrol duties.

  1. In 2000, the contract which Probe Security had with the proprietors of Southgate was taken over by Chubb.  At the same time, Chubb took over a number of the staff who had previously been employed by Probe Security at Southgate, including the plaintiff.  At the time of the accident in April 2002, the plaintiff was working as a senior guard. 

  1. The plaintiff’s injury occurred when he was…

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Details
Case
[2008] VSC 211
Decision Date

CaseChat Overview and Summary

Anastasiou v Chubb Security (Australia) Pty Ltd involved a security guard who was injured while evicting a drunken patron from a licensed premises. The plaintiff, Anastasiou, sought compensation from the defendant, Chubb Security (Australia) Pty Ltd, his employer. The primary dispute centred around whether the employer had implemented a safe system of work, provided adequate training and instruction, and whether Anastasiou's own actions contributed to the injury. The case was heard in the Supreme Court of Victoria.

The key legal issues before the court were whether the employer breached its duty of care by not providing a safe system of work and adequate training and instruction. The court also needed to determine whether the plaintiff was contributory negligent in the circumstances that led to his injury, and if so, how this would affect the damages recoverable. Additionally, the court had to assess the appropriate quantum of damages for both pain and suffering, and economic loss.

The court found that the employer had indeed breached its duty by not providing a safe system of work and adequate training. It was determined that the employer failed to adequately prepare Anastasiou for the specific risks associated with evicting intoxicated individuals. The court also found that Anastasiou was contributory negligent but held that this did not bar his claim for damages. The court assessed the damages for pain and suffering and economic loss, taking into account the contributory negligence. Ultimately, the court awarded the plaintiff a sum for both types of damages, reflecting the findings on liability and contribution.

The final orders included a determination that Chubb Security (Australia) Pty Ltd was liable for negligence and ordered to pay damages to Anastasiou. The court quantified the damages for pain and suffering and economic loss, applying a reduction for contributory negligence. The specific amounts awarded were detailed in the judgment, reflecting the court's assessment of the plaintiff's injuries and losses.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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