Van Der Poel v Hall and Ors

CITATION:	Van Der Poel v Hall and Ors [2009] NSWDC 50
HEARING DATE(S):	20/10/2008-23/10/2008 and 27/10/2008
JUDGMENT DATE:	26 March 2009
JURISDICTION:	District Court - Civil
JUDGMENT OF:	Sidis DCJ
DECISION:	In proceedings 316/07: 1) Verdict and judgment for the plaintiff against the defendants in the sum of $98,154.95. 2) The defendants are to pay the plaintiff’s costs of the proceedings as agreed or assessed. This order is suspended for 7 days to allow the parties to arrange within that period to list the proceedings for further argument, if required. 3) Exhibits will be retained for 28 days. 4) My reasons are published. - In proceedings 317/07: 1) Verdict and judgment for the plaintiff against the defendants in the sum of $25,000. 2) The defendants are to pay the plaintiff’s costs of the proceedings as agreed or assessed. This order is suspended for 7 days to allow the parties to arrange within that period to list the proceedings for further argument, if required. 3) Exhibits will be retained for 28 days. 4) My reasons are published.
CATCHWORDS:	Intentional Tort - common purpose to commit crime - standard of proof - drawing of inferences - scope of purpose - self defence
LEGISLATION CITED:	Civil Liability Act 2002
CASES CITED:	Jones v Dunkel (1959) 101 CLR 298; Briginshaw v Briginshaw [1938] 60 CLR 336; Bradshaw v McEwans Pty Ltd (1951) 217 ALR 1
PARTIES:	Edward Van Der Poel (Plaintiff in File Number: 316/07) Justin Van Der Poel (Plaintiff in File Number 317/07) David Hall (First Defendant in both Matters) Jarrod Hall (Second Defendant in both Matters)
FILE NUMBER(S):	316/07 and 317/07
COUNSEL:	Mr C. A. W. Hart (for Plaintiffs in both Matters) Mr E. Conditsis (for First and Second Defendants in both Matters)
SOLICITORS:	Bale Boshev Lawyers (For Plaintiffs in both Matters) Conditsis & Associates Lawyers (for First and Second Defendants in both Matters)

JUDGMENT

1 In the early hours of Sunday, 19 September 2004 Mitchell Hall, the son of David Hall, the first defendant, and brother of Jarrod Hall, the second defendant, came home injured after a Saturday night out. The defendants were told that those injuries were inflicted by brothers Matthew Finigan and Mark Finigan.

2 At about 1.30 pm on 19 September 2004, Mr Hall Jnr and Mr Hall Snr arrived at the Finigan home. Mr Hall Jnr went in his car with friends, Geoffrey Barnett and Dane van Emden. Mr Hall Snr drove his own car. Matthew Finigan was not at home. Mark Finigan and his father, also Mark Finigan, were at the property.

3 Mr Finigan Snr and Mr Finigan Jnr became involved in a brawl with Mr Hall Jnr that spilled into their street. Mr Hall Snr subsequently became involved in this part of the events of that day.

4 The plaintiff in proceedings 316/07, Mr Van der Poel Snr, was lunching on the verandah of his home with his son, Mr Van der Poel Jnr, the plaintiff in proceedings 317/07. Mr Van der…