Wong v Wong

[2015] NSWDC 274

District Court

New South Wales

Medium Neutral Citation:	Wong v Wong [2015] NSWDC 274
Hearing dates:	30 June 2015; 1, 29 and 30 July 2015
Date of orders:	30 September 2015
Decision date:	30 September 2015
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	(1) Judgment for the plaintiff. (2) Liberty to the parties to bring in short minutes of order reflecting the mathematically agreed judgment sum and interest. (3) Defendant to pay plaintiff’s costs. (4) Liberty to apply in relation to costs. (5) Exhibits retained for 28 days.
Catchwords:	TORT - assault and battery - plaintiff claims to have been assaulted by his employer's ex-husband while watering her garden - whether assault occurred as described - expert evidence as to the manner of injury - quantum
Cases Cited:	Blacktown City Council v Hocking [2008] NSWCA 144 Bradley v Matloob [2015] NSWCA 239 Brown v Dunn (1893) 6 R 67 Fontin v Katapodis (1962) 108 CLR 177 Hasler v Singtel Optus Pty Ltd (2014) 311 ALR 494 Metaxoulis v McDonalds Australia Ltd [2015] NSWCA 95 New South Wales v Moss (2000) 54 NSWLR 536 Reece v Reece (1994) 19 MVR 103 Sampco Pty Ltd v Wurth [2015] NSWCA 117 Vines v Australian Securities and Investments Commission [2007] NSWCA 75
Category:	Principal judgment
Parties:	Plaintiff: Georges Kam Wong Defendant: Zak Lung Martin Wong
Representation:	Counsel: Plaintiff: Mr D Stretton Defendant: Mr F Austin Solicitors: Plaintiff: Hunter Flood Lawyers Defendant: Legal Point Lawyers
File Number(s):	2014/188003
Publication restriction:	None

Judgment

1. By statement of claim filed on 25 June 2014, the plaintiff brings proceedings for assault and battery against the defendant for the injuries he suffered arising out of an incident on 21 December 2012 whilst on the premises at 64 Endeavour Street, Seven Hills NSW.

2. The circumstances giving rise to this claim were as follows. The plaintiff, who was 63 years of age at the time, was watering the garden of a Ms Amy Chui as part of his ongoing duties as a handyman. Ms Chui was the defendant’s ex-wife. While he was watering the front yard, the defendant, aged 47 at the time and the occupant of another house in the same street which was two doors away, came to the property to visit his son. The plaintiff alleges that, without reason, the defendant jump-kicked him to the ground, stomped on his left thigh, breaking it and then delivered further kicks to his body. The defendant alleges the plaintiff abused and assaulted him first, and that the plaintiff suffered the broken leg by catching his foot and falling on a stone wall when he pushed the plaintiff away in self-defence. The plaintiff denies this version of events but said that, even if it were accepted, the push and the circumstances of his broken leg did not occur in the course of self-defence and hence still constituted an assault.

The issues for determination

3. The issues are as follows:

1. The resolution of the differing accounts of the incident by the plaintiff and defendant;

2. The expert…