Davis v Viglianti [2017] NSWDC 452

Davis v Viglianti [2017] NSWDC 452

The defendant deliberately created a trap by leaving razorblades on the outside window sill, leaving the window partly open, leaving a light on and allowing a cord to hang from the ceiling so as to cause concern that he may self-harm and lure police or others to the window. The plaintiff, a police officer responding to that apparent risk, had reasonable grounds to approach the window and was not a trespasser. The trap was set with intent to cause injury, so the assault and battery claim was made out. Alternatively, the defendant breached a duty of care because injury from razorblades on the window sill was foreseeable and not insignificant, and no contributory negligence was proved....

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Civil Claim for Damages for Personal Injury in Tort / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff for $444,596; defendant to pay the plaintiff's costs; asset freezing order continued until further order.
Legal Topics
['assault and Battery' 'negligence' 'police Entry in Emergencies' 'trespass' 'contributory Negligence' 'aggravated Damages' 'exemplary Damages' 'economic Loss' 'domestic Assistance' 'asset Freezing Order']
['tort' 'civil Procedure' 'damages'] ['assault and Battery' 'negligence' 'police Entry in Emergencies' 'trespass' 'contributory Negligence' 'aggravated Damages' 'exemplary Damages' 'economic Loss' 'domestic Assistance' 'asset Freezing Order']

Case Brief

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Procedural Posture

Civil Claim for Damages for Personal Injury in Tort / Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the defendant set a trap using razorblades on a window sill that constituted assault and battery.' 'Whether the defendant intentionally caused injury or was recklessly indifferent to the risk of injury.' 'Whether the plaintiff was a trespasser or had lawful grounds to be at the window under s 9 of the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW).' 'Whether the defendant owed and breached a duty of care in negligence.' 'Whether contributory negligence by the plaintiff was established.' 'Whether aggravated or exemplary damages should be awarded.' 'The quantum of damages for personal injury, economic loss, domestic assistance and out-of-pocket expenses.']

Ratio Decidendi

The defendant deliberately created a trap by leaving razorblades on the outside window sill, leaving the window partly open, leaving a light on and allowing a cord to hang from the ceiling so as to cause concern that he may self-harm and lure police or others to the window. The plaintiff, a police officer responding to that apparent risk, had reasonable grounds to approach the window and was not a trespasser. The trap was set with intent to cause injury, so the assault and battery claim was made out. Alternatively, the defendant breached a duty of care because injury from razorblades on the window sill was foreseeable and not insignificant, and no contributory negligence was proved....

Court Disposition

Judgment for the plaintiff for $444,596; defendant to pay the plaintiff's costs; asset freezing order continued until further order.

Orders

  • ['Judgment for the plaintiff for $444,596.' "Defendant pay plaintiff's costs." "The asset freezing order made on 10 October 2017 (in relation to the plaintiff's notice of motion filed on 6 October 2017) continued until further order." 'Liberty to restore in relation to interest, the asset freezing order currently in...