Desmond v Cullen

The appeal concerned a claim for contribution or indemnity brought by Desmond, a motorist found liable for damages to a pedestrian, against Cullen, a hotel licensee. Desmond argued that Cullen should be held liable for serving liquor to the pedestrian when they were intoxicated, contributing to the pedestrian's injuries. The matter was heard by Spigelman CJ, Young CJ in Eq, and Grove J.

The central legal issues before the court were whether the respondent hotel licensee breached a duty of care owed to the pedestrian by serving them liquor while they were intoxicated, and if so, whether that breach caused or contributed to the pedestrian's injuries sustained in the motor vehicle accident. The court was required to consider the sufficiency of the evidence presented to establish both the breach of duty and causation.

The court ultimately dismissed the appeal. While acknowledging the potential for innkeepers to owe a duty of care to patrons, the court found that the evidence presented was insufficient to establish that the respondent breached any duty owed to the pedestrian or that such a breach caused the pedestrian's injuries. Consequently, the appellant's claim for indemnity or contribution failed. The appeal was dismissed with costs.