McCabe v Riechelmann

Case [2023] NSWDC 44


District Court


New South Wales

Medium Neutral Citation: MCCABE v RIECHELMANN [2023] NSWDC 44
Hearing dates: 14 – 18 February 2022; 21 – 24 February 2022;
20 – 24 June 2022; 30 June 2022 (directions); 1 August 2022 – 2 August 2022; 12 September 2022 (written submissions - plaintiff); 26 October 2022 (written submissions - defendant); 8 November 2022 (written submissions – plaintiff in reply); 8 December 2022 (oral submissions)
Date of orders: 21 February 2023
Decision date: 21 February 2023
Jurisdiction:Civil
Before: Dicker SC DCJ
Decision:

(1) Judgment for the plaintiff against the defendant in the Statement of Claim proceedings.

(2) Judgment for the plaintiff/cross-defendant against the defendant/cross-claimant in the Cross-Claim proceedings.

(3) The Cross-claim proceedings are dismissed against the plaintiff.

(4) The parties are to bring in agreed short minutes of orders reflecting these reasons within 14 days.

(5) The question of costs of the Statement of Claim proceedings and the Cross-claim proceedings are reserved.

Catchwords:

TORTS – battery – allegations of intentional battery by both plaintiff and defendant – whether throwing a glass of wine over a person constitutes a battery – whether intentional or negligent battery – self-defence – assault

EVIDENCE – standard of proof – need for persuasive evidence in relation to allegations of intentional battery with intent to cause injury – whether Court persuaded of either case of plaintiff or defendant on the evidence

Legislation Cited:

Civil Liability Act 2002 (NSW)

Evidence Act 1995 (NSW)

Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015

Cases Cited:

A v B [2021] NSWDC 491

Argo Managing Agency Ltd v Al Kammessy [2018] NSWCA 176

Barton v Armstrong [1969] 2 NSWR 451

Briginshaw v Briginshaw (1938) 60 CLR 336

Croucher v Cachia [2016] NSWCA 132; (2016) 95 NSWLR 117

Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc [2020] NSWCA 294; (2020) 103 NSWLR 658

Fontin v Katapodis (1962) 108 CLR 177

Fox v Percy [2003] HCA 22; (2003) 214 CLR 118

Gautam v Health Care Complaints Commission [2021] NSWCA 85

Goode v Angland [2017] NSWCA 311

Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 187

Mason v Demasi [2009] NSWCA 227

Musa v Alzreaiawi [2021] NSWCA 12

Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170; [1992] HCA 66

Nguyen v Tran [2018] NSWCA 215

Payne v Parker (1976) 1 NSWLR 191

Penfolds Wines Pty Ltd v Elliott (1946) 74 CLR 204

Raad v State of New South Wales [2017] NSWDC 63

Ramsey v Denton [2020] NSWDC 426

Ramsey v Denton [2021] NSWCA 310

Ray v Southon [2022] NSWCA 267

Saravinovska v Saravinovski(No 6) [2016] NSWSC 964

Slaveski v State of Victoria [2010] VSC 441

Southon v Ray [2022] NSWDC 32

State of New South Wales v Abed [2014] NSWCA 419

State of New South Wales v Ibbett (2005) 65 NSWLR 168; [2005] NSWCA 445.

State of New South Wales v McMaster [2015] NSWCA 228; (2015) 91 NSWLR 666

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AGLC
McCabe v Riechelmann [2023] NSWDC 44
Case
[2023] NSWDC 44
Decision Date

CaseChat Overview and Summary

McCabe v Riechelmann was a dispute heard in the Local Court of New South Wales, which involved allegations of battery between the plaintiff, McCabe, and the defendant, Riechelmann. Both parties claimed to have been the victims of battery, with McCabe asserting that Riechelmann threw a glass of wine over him, and Riechelmann alleging that McCabe had thrown a glass of wine over her. The court had to determine whether throwing a glass of wine over someone constituted a battery and whether the act was intentional or negligent. Additionally, the court had to consider whether the defendant's actions were justified under self-defence and if the plaintiff had committed an assault that could warrant such a defence.

The legal issues before the court involved the interpretation of the tort of battery, specifically whether the act of throwing a glass of wine over someone constituted an intentional or negligent act. The court had to assess the standard of proof required to establish the plaintiff's case of intentional battery with intent to cause injury. The court also needed to determine whether it was persuaded by either party's case based on the evidence presented. In considering self-defence, the court had to assess whether the defendant's actions were reasonable in response to the plaintiff's alleged assault.

The court found that the plaintiff's evidence was persuasive in establishing that the defendant threw a glass of wine over him, constituting an intentional act of battery. The court was not persuaded by the defendant's evidence that the plaintiff had assaulted her, which would have justified her actions under self-defence. The court concluded that the plaintiff had successfully established his case of intentional battery, while the defendant's cross-claim was dismissed. The court ordered judgment in favour of the plaintiff in both the Statement of Claim and Cross-Claim proceedings, with the Cross-claim proceedings dismissed against the plaintiff. The court reserved the question of costs for a later date.

The orders made by the court included a judgment for the plaintiff against the defendant in the Statement of Claim proceedings, a judgment for the plaintiff/cross-defendant against the defendant/cross-claimant in the Cross-Claim proceedings, and the dismissal of the Cross-claim proceedings against the plaintiff. The parties were directed to bring in agreed short minutes of orders reflecting these reasons within 14 days. The court reserved the question of costs of the Statement of Claim proceedings and the Cross-claim proceedings.

Orders

Orders of the court

(1) Judgment for the plaintiff against the defendant in the Statement of Claim proceedings.

(2) Judgment for the plaintiff/cross-defendant against the defendant/cross-claimant in the Cross-Claim proceedings.

(3) The Cross-claim proceedings are dismissed against the plaintiff.

(4) The parties are to bring in agreed short minutes of orders reflecting these reasons within 14 days.

(5) The question of costs of the Statement of Claim proceedings and the Cross-claim proceedings are reserved.

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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