Connaire v Austin

Connaire v Austin is an appeal against a decision of the Supreme Court of Tasmania, which upheld an appeal by the respondent against a judgment in favour of the appellant by a Commissioner of the Court of Requests. The respondent had sued the appellant for damages for assault, after the appellant struck the respondent in the mouth in a bar at a farewell function. The appellant counterclaimed, but this seems to have disappeared from the proceedings. The Commissioner of the Court of Requests found for the appellant, holding that he had acted in self-defence and had not used excessive force. The respondent appealed, and the appeal was upheld by Wright J, who held that the appellant had used excessive force. The appellant appealed to the Full Court of the Supreme Court.

The legal issue before the Full Court was whether the appellant had used excessive force in defending himself against the respondent's persistent and humiliating conduct. The Full Court held that the appellant's response was reasonable and justified in the circumstances. The Court held that the appellant had been subjected to a series of humiliating and invasive assaults by the respondent over a period of time, and that the appellant's response was a reflexive one, driven by the respondent's conduct. The Court held that it was unrealistic to expect a person in the appellant's position to weigh the exact measure of necessary defensive action, and that the appellant's response was appropriate and justified.

The Full Court allowed the appeal and set aside the orders made by Wright J. The Court restored the judgment and orders of the Court of Requests, which had found in favour of the appellant. The Full Court held that the appellant's response was not excessive, but was justified and reasonable in the circumstances. The Court held that the appellant's size and other characteristics made him a person whose presence would be noticed, and that the respondent's conduct was likely to have been witnessed by others. The Court held that the appellant's response was appropriate and justified, and that the appeal should succeed. The Commissioner's judgment was restored.

The final orders of the Court were that the appeal be allowed, the judgment and orders of Wright J dated 19 June 1987 be set aside, and the judgment and orders of the Court of Requests dated 25 March 1987 be restored.