WATERS v WINTER and ANOR [1998] NSWCA 254

WATERS v WINTER and ANOR [1998] NSWCA 254

There was sufficient circumstantial evidence for finding Winter liable for assault. The University of New England did not owe a duty of care to provide professional security guards as harm was not reasonably foreseeable and no failure in reasonable care was established.

Source-derived case information.

Parties
Appellant: Clinton Stanley Waters; Respondent: Jason Winter; Respondent: The University of New England
Jurisdiction
Australia
Judgment Date
09 June 1998
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Both appeals dismissed.
Legal Topics
Damages for Assault, Negligence, Duty of Care, Reasonable Foreseeability
Tort Law Damages for Assault Negligence Duty of Care Reasonable Foreseeability

Source-derived case record

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Parties

Clinton Stanley Waters

Appellant

Jason Winter

Respondent

The University of New England

Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether sufficient evidence of identity of assailant supports liability for assault
  2. 2 Whether the University owed a duty of care to provide professional security guards and whether lack thereof was reasonably foreseeable to cause harm

Ratio Decidendi

There was sufficient circumstantial evidence for finding Winter liable for assault. The University of New England did not owe a duty of care to provide professional security guards as harm was not reasonably foreseeable and no failure in reasonable care was established.

Court Disposition

Both appeals dismissed.

Orders

  • Appeal 40105/96 (Waters v University): dismissed; appellant to pay costs of second respondent.
  • Appeal 40099/96 (Winter v Waters): dismissed; appellant to pay costs of first respondent.