Portelli v Tabriska Pty Ltd

The appeal in *Portelli v Tabriska Pty Ltd* concerned a claim in negligence brought by the appellant against the respondent, a licensed venue operator. The dispute arose from injuries sustained by the appellant during an altercation with another patron that occurred off the respondent's premises, shortly after both had left the venue. The appellant alleged that the respondent owed a duty of care to prevent such harm.

The central legal issues before the Court of Appeal were whether the respondent owed a duty of care to the appellant in relation to the later altercation that occurred off the premises, and whether the respondent had breached any such duty. The court also considered the admissibility and weight of certain evidence, including the rejection of evidence from a witness and the inferences to be drawn from the failure to call a particular witness.

The Court of Appeal reasoned that for a duty of care to arise in this context, there needed to be an apprehension of risk to the patrons. The court found that the evidence did not establish that the respondent ought to have foreseen the risk of an altercation occurring off the premises, particularly given the time lapse and the location of the subsequent incident. The court applied principles of negligence concerning the scope of a duty of care owed by publicans and security firms, emphasizing the need for a foreseeable risk of harm. The court also addressed the evidentiary issues, concluding that the trial judge had not erred in rejecting certain evidence or in the inferences drawn from the conduct of the parties regarding witness testimony.

The appeal was dismissed with costs.