QBE v Orcher

QBE Insurance (Australia) Limited and Bowcliff Pty Ltd (trading as The Bridge Hotel Rozelle) and Richard Francis Keough appealed to the Court of Appeal of New South Wales against a decision of Harrison J. The dispute concerned an assault on a hotel patron by an employee of the hotel, which occurred across the road from the licensed premises. The patron alleged negligence on the part of the hotel and its insurer, QBE, for failing to prevent the assault.

The legal issues before the Court of Appeal were whether the hotel and its insurer had breached their duty of care to the patron. Specifically, the court considered whether the evidence was sufficient to establish that the hotel employee had crossed the road to intervene in a dispute involving the patron, and whether the hotel and its security company had failed to intervene appropriately. The court also reviewed the findings of fact made by the trial judge, particularly in relation to inferences drawn from CCTV footage.

The Court of Appeal allowed the appeals, setting aside the orders made by Harrison J. The court found that the evidence did not establish a breach of duty by the hotel or its insurer. The court's reasoning, while not detailed in the provided text, led to the conclusion that the appellant's (QBE and the hotel) were not liable. Consequently, the verdict and judgment were entered for the appellants, and the first respondent was ordered to pay their costs of the trial and the appeal.