Fuz v Carter & Ors [2006] NSWSC 771

Fuz v Carter & Ors [2006] NSWSC 771

The first defendant (security guard) intentionally assaulted the plaintiff while performing duties connected to controlling nightclub entry; his actions, although unauthorised and excessive in force, were so connected with his employment as to render his employers (third, fourth, fifth and sixth defendants) vicariously liable. No negligence on the part of the employer defendants was proven. The Civil Liability Act does not apply to the assessment of damages because the act was an intentional assault with intent to cause injury.

Jurisdiction
Australia
Judgment Date
12 September 2006
Procedural Posture
Claim for Damages for Assault and Negligence / Final Judgment After Trial
Outcome
Judgment for the plaintiff against the first, third, fourth, fifth and sixth defendants; judgment for the second and seventh defendants.
Legal Topics
['assault' 'vicarious Liability' 'professional Negligence' 'negligence' 'damages']
['tort Law'] ['assault' 'vicarious Liability' 'professional Negligence' 'negligence' 'damages']

Case Brief

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Procedural Posture

Claim for Damages for Assault and Negligence / Final Judgment After Trial

Legal Issues

  1. 1 ['Was the first defendant liable for assaulting the plaintiff?' "Were the third, fourth, fifth and sixth defendants vicariously liable for the first defendant's assault?" 'Was there negligence on the part of the employer defendants?' 'Is the Civil Liability Act applicable to the assessment of damages?']

Ratio Decidendi

The first defendant (security guard) intentionally assaulted the plaintiff while performing duties connected to controlling nightclub entry; his actions, although unauthorised and excessive in force, were so connected with his employment as to render his employers (third, fourth, fifth and sixth defendants) vicariously liable. No negligence on the part of the employer defendants was proven. The Civil Liability Act does not apply to the assessment of damages because the act was an intentional assault with intent to cause injury.

Court Disposition

Judgment for the plaintiff against the first, third, fourth, fifth and sixth defendants; judgment for the second and seventh defendants.

Orders

  • ['Judgment for the plaintiff against the 1st, 3rd, 4th, 5th and 6th defendants in the sum of $573,519.' "Judgment for the 2nd defendant on the plaintiff's claim against him." "Judgment for the 7th defendant on the plaintiff's claim against it." "Order that the 1st, 3rd, 4th, 5th and 6th defendants pay the...