Crilly v Bumble Group Pty Limited t/a My Security

District Court

New South Wales

Medium Neutral Citation:

Crilly v Bumble Group Pty Limited t/a My Security [2012] NSWDC 3

Hearing dates:

27 January 2012 and 30 January 2012

Decision date:

30 January 2012

Before:

Levy SC DCJ

Decision:

1. Verdict and judgment for the plaintiff against the defendant in the sum of $356,759;

2. The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis unless otherwise entitled;

3. The exhibits may be returned;

4. Liberty to apply on 7 days notice if further orders are required.

[Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.]

Catchwords:

TORTS - assault - plaintiff received punch to the head from hotel security guard outside of hotel - resultant fall onto concrete pavement - brain damage from injuries: DAMAGES - assessment of claimed heads of damage

Legislation Cited:

Civil Liability Act 2002
Uniform Civil Procedure Rules 2005, r 30.1, r 36.7(1)

Cases Cited:

MBP (SA) Pty Ltd v Gogic [1991] HCA 3; (1991) 171 CLR 657
NSW v Ibbett [2006] HCA 57
State of NSW v Moss [2000] NSWCA 133; (2000) 54 NSWLR 536
Zorom Enterprises Pty Ltd v Zabow & Ors [2007] NSWCA 106; (2007) 71 NSWLR 354

Category:

Principal judgment

Parties:

Patrick Crilly (Plaintiff)
Bumble Group Pty Limited t/a My Security (Defendant)

Representation:

Mr A McSpeddin (Plaintiff)
(No appearance for the defendant)
Stacks Goupkamp (Plaintiff)
(No appearance for the defendant)

File Number(s):

2011/78191

Judgment

Table of Contents

Nature of case	[1] - [3]
Procedural issue	[6] - [8]
Facts	[9] - [30]
Plaintiff's background and circumstances	[10]
The assault	[1] - [15]
Injuries and treatment	[16] - [20]
Plaintiff's account of his ongoing problems	[21] - [23]
Medical and allied assessments	[24] - [28]
Statements evidencing post-assault problems	[29] - [30]
Assessment of damages	[31] - [58]
Plaintiff's probable life span	[32]
General damages	[33] - [35]
Interest on past general damages	[36] - [37]
Past economic loss	[38] - [40]
Interest on past economic loss	[41] - [42]
Future economic loss	[43] - [50]
Past loss of superannuation	[51]
Future equipment needs	[52] - [54]
Past out-of-pocket expenses	[55]
Aggravated damages	[56] - [57]
Summary of damages assessment	[58]
Disposition	[59]
Costs	[60]
Orders	[61]

Nature of case

1. The plaintiff, Mr Patrick Crilly, brings this claim for damages for personal injury framed in assault, and alternatively in negligence, against the defendant, Bumble Group Pty Ltd, trading as My Security ACN 128 691 145.

1. The claim arises from a fracas that took place at about 11pm on Saturday 20 December 2008 outside the Moore Park View Hotel at 853 South Dowling St Waterloo, in…