Dean Cameron Smith v Cheeky Monkeys Restaurant [2009] NSWDC 257

Dean Cameron Smith v Cheeky Monkeys Restaurant [2009] NSWDC 257

The second defendant assaulted the plaintiff; the act occurred in the course of employment and was closely connected to the duties of a security guard, thus the first defendant was vicariously liable. Compensatory damages (including at large) were awarded. Exemplary damages were awarded against the employer due to failure to train, supervise, and respond appropriately, but not against the employee as he was already criminally punished.

Jurisdiction
Australia
Judgment Date
18 August 2009
Procedural Posture
Civil / Judgment After Trial
Outcome
Verdict and judgment for the plaintiff against both defendants; exemplary damages only against the first defendant.
Legal Topics
['assault' 'vicarious Liability' 'damages' 'exemplary Damages' 'personal Injury']
['tort Law'] ['assault' 'vicarious Liability' 'damages' 'exemplary Damages' 'personal Injury']

Case Brief

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Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 ['Whether the second defendant (security guard) assaulted the plaintiff' 'Whether the first defendant (nightclub) is vicariously liable for the assault' 'Whether exemplary damages can be awarded against a vicariously liable employer but not the employee']

Ratio Decidendi

The second defendant assaulted the plaintiff; the act occurred in the course of employment and was closely connected to the duties of a security guard, thus the first defendant was vicariously liable. Compensatory damages (including at large) were awarded. Exemplary damages were awarded against the employer due to failure to train, supervise, and respond appropriately, but not against the employee as he was already criminally punished.

Court Disposition

Verdict and judgment for the plaintiff against both defendants; exemplary damages only against the first defendant.

Orders

  • ['Verdict and Judgment for the plaintiff against the first defendant in the amount of $115,300.' 'Verdict and Judgment for the plaintiff against the second defendant in the amount of $100,300.' 'Exemplary damages of $15,000 awarded against the first defendant only.']