Lamble v Howl at the Moon Broadbeach Pty Ltd

Lamble commenced proceedings against Howl at the Moon Broadbeach Pty Ltd, alleging that he had been assaulted by an employee of the defendant. The plaintiff contended that he had suffered injuries as a result of the assault and sought damages for his losses. The defendant denied liability, arguing that the employee’s actions were not authorised and were not connected to his employment, and that the plaintiff’s other injuries were not caused by the assault. The court was required to determine whether the employee’s assault was connected to his employment, whether the plaintiff’s other injuries were relevant to the apportionment of damages, and whether the plaintiff’s likely future work altered the measurement of damages.

The court found that the employee’s assault was not authorised, but that there was a significant connection between the assault and the employee’s employment. The court held that the employee’s actions were done in furtherance of the defendant’s interests, and that the defendant was vicariously liable for the employee’s actions. The court also found that the plaintiff’s other injuries were not relevant to the apportionment of damages, as they were not caused by the assault. However, the court held that the plaintiff’s likely future work was relevant to the measurement of damages, as it affected his earning capacity.

The court found that the plaintiff was entitled to damages in the sum of $1,399,000.00, which included compensation for his injuries, loss of earnings, and loss of earning capacity. The court held that the plaintiff’s other injuries did not alter the injury that occurred as a result of the assault, but that they did add to the injury that occurred as a result of the assault. The court also held that the plaintiff’s likely future work altered the measurement of damages, as it affected his earning capacity.

The court made a judgment for the plaintiff in the sum of $1,399,000.00, including interest. The defendant was ordered to pay the plaintiff’s costs of the proceeding.