Fung v Bossie Chau Pty Ltd t/a 278 Club, Chang & Hu [2020] NSWDC 118

Fung v Bossie Chau Pty Ltd t/a 278 Club, Chang & Hu [2020] NSWDC 118

The plaintiff was intentionally assaulted, battered, and unlawfully deprived of his liberty by Mr Chang and Ms Hu in aggravated, humiliating circumstances, and Bossie Chau Pty Ltd is vicariously liable for their actions. The alleged statutory defences under ss 5F, 50, 52 and 53 of the Civil Liability Act 2002 (NSW) are rejected. The plaintiff is entitled to general, aggravated, and exemplary damages, plus assessed economic losses and expenses.

Parties
Plaintiff: Chun Wai Fung; First Defendant: Bossie Chau Pty Ltd t/a 278 Club; Second Defendant: Chao Chang; Third Defendant: Xiao Hu
Jurisdiction
Australia
Judgment Date
21 April 2020
Procedural Posture
Civil / Trial Judgment
Outcome
Verdict and judgment for the plaintiff against each defendant in the sum of $154,857.85.
Legal Topics
Assault, Battery, Wrongful Deprivation of Liberty, Aggravated Damages, Exemplary Damages, Vicarious Liability, Defences Under Civil Liability Act 2002 (nsw)
Torts Damages Civil Liability Vicarious Liability Assault Battery Wrongful Deprivation of Liberty Aggravated Damages +2 more

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Parties

Chun Wai Fung

Plaintiff

Bossie Chau Pty Ltd t/a 278 Club

First Defendant

Chao Chang

Second Defendant

Xiao Hu

Third Defendant

Procedural Posture

Civil / Trial Judgment

Legal Issues

  1. 1 Whether the plaintiff was intentionally wrongfully subjected to assault, battery, and deprivation of liberty;
  2. 2 Whether the first defendant is vicariously liable for the actions of Mr Chang and Ms Hu;
  3. 3 Availability of defences under ss 5F, 50, 52, and 53 of the Civil Liability Act 2002 (NSW);

Ratio Decidendi

The plaintiff was intentionally assaulted, battered, and unlawfully deprived of his liberty by Mr Chang and Ms Hu in aggravated, humiliating circumstances, and Bossie Chau Pty Ltd is vicariously liable for their actions. The alleged statutory defences under ss 5F, 50, 52 and 53 of the Civil Liability Act 2002 (NSW) are rejected. The plaintiff is entitled to general, aggravated, and exemplary damages, plus assessed economic losses and expenses.

Court Disposition

Verdict and judgment for the plaintiff against each defendant in the sum of $154,857.85.

Orders

  • The defendants are to pay the plaintiff's costs on the ordinary basis unless otherwise ordered.
  • The exhibits are to be retained with the Court file until further order.