WHITE v WORTHINGTON [2007] NSWDC 12

WHITE v WORTHINGTON [2007] NSWDC 12

The Court preferred Mr White's evidence, rejected Mr Worthington's evidence that he struck only one blow, and found that Mr Worthington assaulted Mr White without provocation and did not act in self-defence. Because the claim concerned an intentional act done with intent to cause injury, the Civil Liability Act did not apply to the assessment of damages, which were assessed at common law including the left ankle injury and acceleration of the right knee pathology.

Jurisdiction
Australia
Judgment Date
14 February 2007
Procedural Posture
Civil Assault and Intentional Tort Claim / Ex Tempore Judgment After Hearing
Outcome
Verdict and judgment for the plaintiff in the sum of $95,550.20.
Legal Topics
['assault' 'intentional Tort' 'self Defence' 'personal Injury Damages' 'civil Liability Act 2002']
['tort Law' 'civil Liability' 'damages'] ['assault' 'intentional Tort' 'self Defence' 'personal Injury Damages' 'civil Liability Act 2002']

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Procedural Posture

Civil Assault and Intentional Tort Claim / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['The circumstances in which the assault occurred' 'Whether Mr Worthington acted in self-defence' "The extent of Mr White's injuries as a result of the assault" 'The extent to which the Civil Liability Act 2002 applied to the assessment of damages']

Ratio Decidendi

The Court preferred Mr White's evidence, rejected Mr Worthington's evidence that he struck only one blow, and found that Mr Worthington assaulted Mr White without provocation and did not act in self-defence. Because the claim concerned an intentional act done with intent to cause injury, the Civil Liability Act did not apply to the assessment of damages, which were assessed at common law including the left ankle injury and acceleration of the right knee pathology.

Court Disposition

Verdict and judgment for the plaintiff in the sum of $95,550.20.

Orders

  • ['There will be verdict and judgment for the plaintiff in the sum of $95,550.20.' "The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed on an ordinary basis." 'The Exhibits will be retained for twenty eight days.']