District Court
New South Wales
- Amendment notes
Medium Neutral Citation: Mansour v Marhop Pty Limited [2023] NSWDC 476 Hearing dates: 8, 9 and 10 November 2022; 4, 5 and 27 April 2023 Date of orders: 8 November 2023 Decision date: 08 November 2023 Jurisdiction: Civil Before: Andronos SC DCJ Decision: (1) Judgment for the plaintiff against the first defendant for the assault by its employee, Nathan Moran, on the plaintiff in the sum of $3,000.
(2) Judgment for the plaintiff against the defendants for the battery of the plaintiff by the second defendant, the employee of the first defendant, in the sum of $10,000.
(3) Judgment for the plaintiff against the defendants for the false imprisonment of the plaintiff by the second defendant, the employee of the first defendant, in the sum of $15,000.
(4) Interest and costs are reserved.
(5) The proceedings are otherwise dismissed.
Catchwords: TORTS — Trespass to the person — Assault
TORTS — Trespass to the person — Battery — Defences
TORTS — Trespass to the person — False imprisonment
TORTS — Defences — Necessity
NEGLIGENCE — Vicarious liability — Employer and employee
Legislation Cited: Crimes Act 1900, s 61
Law Enforcement (Powers and Responsibilities) Act 2002, s 100
Liquor Act 2007(NSW), s 77
Cases Cited: Coote v Kelly; Northram v Kelly [2016] NSWSC 1447
CPCF v Minister for Immigration and Border Protection (2015) 255 CLR 514; [2015] HCA 1
Dehn v Attorney-General [1988] 2 NZLR 564
Director of Public Prosecutions (NSW) v Mathers-Hunter (2014) 242 A Crim R 319 ; [2014] NSWSC 843
Fairclough v Whipp [1951] 2 All ER 834
Fontin v Katapodis (1962) 108 CLR 177
Goldie v Commonwealth of Australia No 2 [2004] FCA 156; (2004) 81 ALD 422
Knight v R (1988) 35 A Crim R 314
Louis v Commonwealth (1987) 87 FLR 277
McDonald v New South Wales [1999] NSWSC 350
Pearce v Hallett [1969] SASR 423
R v Fisher (2002) 54 NSWLR 467
Rixon v Star City Pty Ltd (2001) 53 NSWLR 98
Ruddock v Taylor (2005) 222 CLR 612
State of New South Wales v Riley [2003] NSWCA 208
The Nominal Defendant v Cordin [2017] NSWCA 6
Uber BV v Howarth [2017] NSWSC 54
Texts Cited: David Rolph, Balkin & Davis Law of Torts (6th ed, 2021, LexisNexis)
F Trindade and P Cane, The Law of Torts in Australia (3rd ed, 1999, Oxford University Press)
J Fleming, The Law of Torts (8th ed, 1992, LawBook Co)
Category: Principal judgment Parties: James Mansour (plaintiff)
Marhop Pty Limited (first defendant)
Andrew James Lockhart-Ross (second defendant)Representation: Counsel:
Mr D Toomey SC with Mr J Isackson (8 November 2022) (plaintiff)
Mr D Toomey SC with Mr J Thompson (all hearing days except…
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- Case
- [2023] NSWDC 476
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the actions of Moran amounted to assault, battery, and false imprisonment, and if so, whether Marhop could be held vicariously liable for these torts. The court also needed to consider the defence of necessity raised by the defendants.
The court found that Moran's actions did indeed amount to assault, battery, and false imprisonment. The court rejected the defence of necessity, holding that the defendants had not established that the actions were necessary to prevent a significant harm. The court further held that Marhop could be held vicariously liable for Moran's actions as they occurred within the scope of his employment. Judgment was entered in favour of the plaintiff against both defendants for the respective torts, with specified damages awarded for each. Interest and costs were reserved, and the proceedings were otherwise dismissed.
Orders
Orders of the court
(1) Judgment for the plaintiff against the first defendant for the assault by its employee, Nathan Moran, on the plaintiff in the sum of $3,000.
(2) Judgment for the plaintiff against the defendants for the battery of the plaintiff by the second defendant, the employee of the first defendant, in the sum of $10,000.
(3) Judgment for the plaintiff against the defendants for the false imprisonment of the plaintiff by the second defendant, the employee of the first defendant, in the sum of $15,000.
(4) Interest and costs are reserved.
(5) The proceedings are otherwise dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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