Karanfilov v MSS Security Pty Ltd

[2013] QSC 304

SUPREME COURT OF QUEENSLAND

CITATION:

Karanfilov v MSS Security Pty Ltd & Ors [2013] QSC 304

PARTIES:

LUJPCO KARANFILOV
(plaintiff)
v
MSS SECURITY PTY LTD
(first defendant)
and
GE CAPITAL FINANCE PTY LTD
(second defendant)
and
DOWNER ENGINEERING PTY LTD

(third defendant)

FILE NO/S:

BS 6292 of 2010

DIVISION:

Trial Division

PROCEEDING:

Civil Trial

ORIGINATING COURT:

Supreme Court of Queensland

DELIVERED ON:

4 November 2013

DELIVERED AT:

Brisbane

HEARING DATE:

22, 23, 24 and 25 July 2013

JUDGE:

Philip McMurdo J

ORDER:

The claim is dismissed.

CATCHWORDS:

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – DUTY OF CARE – IN GENERAL – where plaintiff was employed by the first defendant as a security guard – where the second defendant occupied the building in which the plaintiff worked – where the third defendant was a consultant retained by the second defendant in the management of the building, including provision of security supervision – where the plaintiff developed post-traumatic stress disorder and a major depression as a result of an incident at work – whether any of the defendants owed the plaintiff a duty of care

TORTS – NEGLIGENCE – ESSENTIALS OF ACTION FOR NEGLIGENCE – GENERALLY – where the plaintiff was employed as a security guard – where the plaintiff was confronted by two men outside the building he was employed to guard – where one of the men verbally and physically assaulted him – where the plaintiff was working with one other security guard on the night of the incident – where the other security guard was escorting an employee to the train station at the time of the incident – whether any of the defendants breached the duty of care it owed to the plaintiff

Tame v New South Wales (2002) 211 CLR 317; [2002] HCA 35, applied
Vairy v Wyong Shire Council (2005) 223 CLR 422; [2005] HCA 62, applied
Wolters v University of the Sunshine Coast[2012] QSC 298, considered
Wyong Shire Council v Shirt (1980) 146 CLR 40; [1980] HCA 12, cited

COUNSEL:

R Lilley QC with J Sorbello for the plaintiff

D B Fraser QC with R W O’Regan for the defendants

SOLICITORS:

Murphy Schmidt for the plaintiff

Bruce Thomas Lawyers for the defendants

1. On 2 July 2007, the plaintiff was working as a security officer at the offices of the second defendant in Buranda, Brisbane.  He became involved in an altercation with two men in the street outside the building.  He suffered no significant physical injury.  But as a result of this incident, he continues to suffer from post-traumatic stress disorder and major depression. 

1. For these injuries he seeks damages for what he says was the negligence of each defendant.  The first defendant was his employer, a company providing security services under the name “Chubb”.  The second defendant, as I have mentioned, occupied the building in which he worked.  The third defendant was a consultant retained by the second defendant to provide services in the…