Gee v NWQ Management P/L & Ors

NEW SOUTH WALES COURT OF APPEAL

CITATION:      Gee v NWQ Management P/L & 2 ors [2002]  NSWCA 77

FILE NUMBER(S):
CA 40632 of 2001

HEARING DATE(S):            11/03/02

JUDGMENT DATE: 11/03/2002

PARTIES:
Craig David Gee
v
NWQ Management Pty Limited (1st Respondent)
Jacky Marcel Rene Marie (2nd Respondent)
Charles Todorovic & Gino Lilli (T/as Sydney Venue Protection) (3rd Respondent)

JUDGMENT OF:      Mason P Meagher JA Ipp AJA   

LOWER COURT JURISDICTION: District Court

LOWER COURT FILE NUMBER(S):        DC 9213 of 1999

LOWER COURT JUDICIAL OFFICER:     Gibb J

COUNSEL:
Appellant: Mr J D Hislop QC & Mr T J Morahan
Respondent (1 & 2): Mr R Gambi
Respondent (3): Mr R K Weaver

SOLICITORS:
Appellant: Norton White Lawyers & Notaries
Respondent: McMahons National Lawyers

CATCHWORDS:
Personal Injury - circumstances of incident and causation - whether there was sufficient evidence to establish that the third defendant was guilty of negligence - appeal allowed in part.

LEGISLATION CITED:
Liquor Act 1982

DECISION:
1. Appeal allowed in part; 2. Set aside the verdict for the defendant against the third defendant that was entered in the District Court; 3. In lieu thereof enter a verdict for the plaintiff for damages to be assessed against the third defendant and order the third defendant to pay the plaintiff's costs of the claim against the third defendant to date; 4. Third respondent to pay the appellant's costs of the appeal and to have a certificate under the Suitors Fund Act if qualified; 5. The appeal against the first and second respondents dismissed; 6. Appellant to pay first and second respondents' costs of the appeal; 7. Cross-appeal dismissed.

JUDGMENT:

IN THE SUPREME COURT
OF NEW SOUTH WALES
COURT OF APPEAL

CA 40632/01

MASON P
MEAGHER JA
IPP AJA

Monday, 11 March 2002

CRAIG DAVID GEE v NWQ HOLDINGS PTY LTD & 3 ORS

Judgment

1. MEAGHER JA:  In this matter the plaintiff, current appellant, on 30 March 1997 after having a few drinks with a friend of his called Mr Parker, went to a hotel called The Sands Hotel at which he arrived about eight o’clock.  He drank some more bourbon whisky and beer at that place and after a while went to watch the dancing.  He stayed watching the dancing and talking to various friends from time to time.  He was in good health when he arrived at the hotel but at ten past ten or thereabouts, just after the hotel had closed, he was taken to Mona Vale Hospital with a broken arm.  The manner in which this occurred was the subject of some dispute although I do not think the details of the dispute really matter.  He sued the lessee of the hotel, the first respondent; the licensee who is the second respondent, and the third respondent who is the security organisation employed to look after the security of the premises. 

2. It is common ground that at some stage between 9pm and 10pm that night there was a scuffle inside the hotel.  The plaintiff alleges that in the…