Hickey v Davistown RSL Club Ltd

The appellant, Mr Hickey, brought proceedings against the respondent, Davistown RSL Club Ltd, alleging negligence. The dispute arose from injuries sustained by Mr Hickey after he fell to the ground outside the Club premises. The primary facts as found by the trial judge were not in dispute on appeal. The appeal was heard by Mason P, Meagher and Santow JJA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether the Club had been negligent in its duty of care towards Mr Hickey. Specifically, the court had to consider whether the Club's employees had a sufficient reason to believe that the verbal argument between Mr Hickey and his friend would escalate into physical violence, thereby necessitating intervention beyond escorting them from the premises. The appeal proceeded despite the decision in *South Tweed Heads Rugby League Football Club Ltd v Cole* (2002) 55 NSWLR 113.

The Court of Appeal found that the Club's employees had no reason to anticipate that the verbal argument would escalate to the point of physical confrontation. The appellant and his friend had been drinking and playing poker machines for several hours, and while a verbal argument about sharing winnings occurred, there was no indication that it would lead to violence. The doorman had escorted both men from the premises, and the appellant's friend had ceased the argument and begun to walk away. The appellant then pursued his friend, initiated a physical altercation, and consequently fell and injured himself. The Court concluded that the appeal was without merit.

The appeal was dismissed with costs.