Rooty Hill RSL Club Ltd v Karimi

The case involved an appeal by Rooty Hill RSL Club Ltd and Allied Security Group Pty Ltd against a primary judge's decision concerning a patron, Mr. Karimi, who was assaulted after being evicted from the club. Mr. Karimi had been involved in an altercation and was removed from the premises by security. The club had a policy of evicting all parties involved in a dispute without assessing individual culpability. The legal issue before the Court of Appeal was whether the club, as the occupier of licensed premises, owed a duty of care to Mr. Karimi, and if so, whether that duty was breached, leading to his subsequent assault.

The Court of Appeal considered the duty of care owed by an occupier of licensed premises to its patrons. It examined whether it was reasonably foreseeable that the third party, who was also evicted, might return and assault Mr. Karimi. The court analysed the actions of the security guards, including their assessment of the third party's condition and whether additional steps, which were available but not taken, should have been implemented to prevent the assault. The court also considered the extent to which the club had delegated its security responsibilities to the security firm.

The Court of Appeal allowed the appeals, setting aside the primary judge's judgment. It found that the club had not breached its duty of care to Mr. Karimi. Consequently, judgment was entered for the first defendant, Rooty Hill RSL Club, against the plaintiff, Mr. Karimi, and Mr. Karimi was ordered to pay the club's costs of the trial. The cross-claim brought by the club against the second defendant, Allied Security Group, was dismissed. Mr. Karimi was ordered to pay the appellant's costs of the appeal.