MCCABE v RIECHELMANN [2023] NSWDC 44

MCCABE v RIECHELMANN [2023] NSWDC 44

The Court found that Ms Riechelmann committed an intentional battery against Mr McCabe by throwing a glass of wine over him in 2017, with intent to injure in the requisite sense, not in self-defence or negligently. The 2018 incident was determined, on balance of probabilities, to involve Ms Riechelmann intentionally striking Mr McCabe once in the face (battery), without intent to cause serious injury but with intent to injure, supported by contemporaneous evidence. Mr McCabe's alleged battery and assault of Ms Riechelmann was not established to the requisite standard; evidence of a battery by him (strangling or throwing to the wall) lacked cogency and consistency. A claim of assault for...

Parties
Plaintiff/cross Defendant: David Terance McCabe; Defendant/cross Claimant: Julie Riechelmann
Jurisdiction
Australia
Judgment Date
21 February 2023
Procedural Posture
Civil / Principal Judgment After Final Hearing
Outcome
Judgment for the plaintiff against the defendant on the Statement of Claim; cross-claim dismissed; damages awarded to plaintiff; damages not awarded to defendant.
Legal Topics
Battery, Assault, Trespass to Goods, Self Defence, Standard of Proof, Aggravated Damages, Exemplary Damages, Psychological Injury, Intoxication, Witness Credibility
Torts Civil Procedure Battery Assault Trespass to Goods Self Defence Standard of Proof Aggravated Damages +4 more

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Parties

David Terance McCabe

Plaintiff/cross Defendant

Julie Riechelmann

Defendant/cross Claimant

Procedural Posture

Civil / Principal Judgment After Final Hearing

Legal Issues

  1. 1 Whether the defendant's act of throwing a glass of wine over the plaintiff constituted a battery
  2. 2 Whether the parties' physical conduct on 31 March 2018 amounted to assault or battery by either party
  3. 3 Whether self-defence was available to either party as a bar to liability

Ratio Decidendi

The Court found that Ms Riechelmann committed an intentional battery against Mr McCabe by throwing a glass of wine over him in 2017, with intent to injure in the requisite sense, not in self-defence or negligently. The 2018 incident was determined, on balance of probabilities, to involve Ms Riechelmann intentionally striking Mr McCabe once in the face (battery), without intent to cause serious injury but with intent to injure, supported by contemporaneous evidence. Mr McCabe's alleged battery and assault of Ms Riechelmann was not established to the requisite standard; evidence of a battery by him (strangling or throwing to the wall) lacked cogency and consistency. A claim of assault for...

Court Disposition

Judgment for the plaintiff against the defendant on the Statement of Claim; cross-claim dismissed; damages awarded to plaintiff; damages not awarded to defendant.

Orders

  • Judgment for the plaintiff against the defendant in the Statement of Claim proceedings.
  • Judgment for the plaintiff/cross-defendant against the defendant/cross-claimant in the Cross-Claim proceedings.