Recent Cases

Bondi Beach Foods Pty Ltd v Chadwick [2023] NSWCA 265 (09 November 2023) (Gleeson, Leeming and Payne JJA)


NEGLIGENCE – duty of care – duties owed by occupier of licensed premises and security contractor to patrons – breach – whether defendants had knowledge of aggressive character of particular patrons – whether defendants should have turned out particular patrons before plaintiff arrived –distinction between RSA marshals and licensed security guards – whether defendants breached duty by having no licensed security guards on premises – whether defendants should have separated plaintiff from particular patrons after altercation commenced – causation – whether plaintiff established that had defendants not breached their duties of care, particular patrons would have been excluded before his arrival – whether sufficient time between commencement of altercation and plaintiff being struck for licensed security guards to intervene – contributory negligence – extent of plaintiff’s contribution to harm suffered when another patron struck him – statutory contribution – nature and extent of breaches of duty by occupier and security contractor – damages – economic loss – challenge to assessment – non-compliance with Civil Liability Act 2002 (NSW) s 13