Fung v Bossie Chau Pty Ltd t/a 278 Club, Chang & Hu

The plaintiff, Fung, instituted proceedings against Bossie Chau Pty Ltd, trading as the 278 Club, as well as the defendants Chang and Hu, in the Supreme Court of New South Wales. Fung alleged that he was subjected to assault, battery, and wrongful deprivation of liberty while he was a patron of the defendants' brothel. The court was tasked with determining whether the defendants' claims under sections 5F, 50, 52, and 53 of the Civil Liability Act 2002 (NSW) were valid defences and assessing the damages that Fung sought, including general, aggravated, and exemplary damages.

The court had to examine the validity of the defendants' claims that Fung's injuries were caused by his own actions or by a third party, and that his injuries were not foreseeable. The court also had to consider whether the defendants' actions were reasonable in the circumstances. The court rejected all defences put forward by the defendants, finding that they had failed to establish any of the defences claimed. The court held that the defendants were liable for the plaintiff's injuries and that the plaintiff was entitled to recover damages.

The court found that Fung was entitled to general damages of $127,500, aggravated damages of $20,000, and exemplary damages of $7,357.85. The total amount of damages awarded was $154,857.85. The court also ordered that the defendants pay Fung's costs on the ordinary basis unless otherwise ordered. The court directed the Registrar to forward a copy of the reasons for judgment, along with other specified documents, to the Australian Taxation Office for compliance with taxation obligations.

The court's final orders were that the defendants were to pay Fung the sum of $154,857.85, along with his costs on the ordinary basis. The exhibits were to be retained with the Court file until further order, and the defendants were granted liberty to apply for further or other orders on 7 days' notice. The court also directed the Registrar to forward specified documents to the Australian Taxation Office.