Newcastle Entertainment Security Pty Ltd v Simpson

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Case Copied 69 min read
Reported Decision: (1999) Aust Torts Reports 81-528

New South Wales


Court of Appeal

CITATION: Newcastle Entertainment Security Pty Limited v Simpson [1999] NSWCA 351
FILE NUMBER(S): CA 40107/97
HEARING DATE(S): 09/04/99
JUDGMENT DATE:
27 September 1999

PARTIES :
Appellant: Newcastle Entertainment Security Pty Limited
First Respondent: Peter Simpson
Second Respondent: International Facility Corporation (Newcastle) Pty Limited
Third Respondent: Michael Coppel Promotions Pty Limited
JUDGMENT OF: Mason P at 1; Sheller JA at 18; Beazley JA at 30
LOWER COURT JURISDICTION: District Court
LOWER COURT FILE NUMBER(S) : 70033/95
LOWER COURT JUDICIAL OFFICER: Maguire DCJ
COUNSEL: Appellant: J Maconachie QC/ D O'Dowd
First Respondent: A Fennell
Second Respondent: I G Harrison SC
Third Respondent: P Garling SC
SOLICITORS: Appellant: Moray & Agnew
First Respondent: Writer Ryan Boesen
Second Respondent: Henry Davis York
Third Respondent: McLachlan Chilton
CATCHWORDS: Negligence; Damages for injury whilst attending rock concert; Liability of Centre manager, concert promoter and security firm; Terms of hiring contract; Dancing and crowd surfing; Non-delegable duty of care
ACTS CITED: Law Reform (Miscellaneous Provisions) Act 1946 (NSW) s 5
CASES CITED:
 Kondis v State Transport Authority (1984) 154 CLR 672
Burnie Port Authority v General Jones Pty Limited (1994) 179 CLR 520
Northern Sand Blasting Pty Limited v Harris (1997) 188 CLR 313
Pickard v Smith (1861) 10 CB (NS) 470, 142 ER 535
Meyers v Eastern (1878) 4 VLR 283
Colonial Mutual Life Assurance Society Ltd v Producers & Citizens Co-operative Assurance Co of Australia Ltd (1931) 46 CLR 41
Calin v Greater Union Organisation Pty Limited (1991) 173 CLR 33
Jones v Dunkel (1959) 101 CLR 298
Abalos v Australian Postal Commission (1990) 171 CLR 167
Devries v Australian National Railways Commission (1993) 177 CLR 472
Robinson v Balmain New Ferry Co Ltd [1910] AC 295
Soulemezis v Dudley Holdings Pty Limited (1987) 10 NSWLR 247
Price v Easton (1833) 4 B&Ad 433 [110 ER 518]
Dunlop Pneumatic Tyre Co Ltd vSelfridge & Co Ltd [1915] AC 847
Wilson v Darling Island Stevedoring & Lighterage Co Ltd (1956) 95 CLR 43
Trident General Insurance Co Limited v McNiece Bros Proprietry Limited (1988) 165 CLR 107
Australian Safeways Stores Pty Limited v Zaluzna (1987) 162 CLR 479
Rylands v Fletcher (1866) LR 3 HL 330; [1861-73] All ER 1
Pendal Nominees Pty Limited v Lednez Industries (Australia) Ltd (1996) 40 NSWLR 282
Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500
Schenker & Co (Australia) Pty Ltd v Malpas Equipment & Services Pty Ltd [1990] VR 834
Suttor v Gundowda (1950) 81 CLR 418
Gamser v Nominal Defendant (1977) 136 CLR 145
Moran v McMahon (1985) 3 NSWLR 700
DECISION: Appeal Dismissed; Cross-Appeal Dismissed

      THE SUPREME COURT

      OF NEW SOUTH WALES

      COURT OF APPEAL

      CA 40107/97
      DC 70033/95

      MASON P
      SHELLER JA
      BEAZLEY JA

      Monday, 27 September 1999


      NEWCASTLE ENTERTAINMENT SECURITY PTY LIMITED v PETER SIMPSON & ORS


      The first respondent (plaintiff below) was awarded the sum of $39,800 (including general damages of $22,000) against…

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Details
Case
[1999] NSWCA 351
Decision Date

CaseChat Overview and Summary

Newcastle Entertainment Security Pty Ltd (NES) appealed to the New South Wales Court of Appeal against a judgment of the District Court of New South Wales, which had found NES liable in negligence for injuries sustained by Mr. Simpson while attending a rock concert. Mr. Simpson had cross-appealed against the quantum of damages awarded. The dispute concerned the extent of the duty of care owed by the centre manager, the concert promoter, and the security firm to patrons attending the event, particularly in relation to activities such as dancing and crowd surfing.

The primary legal issues before the Court of Appeal were whether NES owed a non-delegable duty of care to Mr. Simpson, whether NES had breached that duty of care, and if so, whether the injuries sustained by Mr. Simpson were caused by that breach. The court also considered the terms of the hiring contract between the centre manager and the concert promoter, and how these terms might affect the duties owed to patrons. The cross-appeal raised questions regarding the assessment of damages for the injuries suffered.

The Court of Appeal, in dismissing the appeal and cross-appeal, affirmed that NES owed a non-delegable duty of care to patrons. The court reasoned that the nature of the event, involving potentially dangerous activities, imposed a positive duty on those in control of the venue and the event to take reasonable steps to ensure the safety of attendees. This duty extended to adequately managing crowd behaviour and providing sufficient security. The court found that NES had failed to discharge this duty, and that this failure was causative of Mr. Simpson's injuries. The principles of negligence, including the foreseeability of harm and the reasonableness of precautions, were applied. The court also found no error in the assessment of damages.

Orders

Orders of the court

Appeal Dismissed; Cross-Appeal Dismissed

Background

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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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