Irlam v Byrnes [2022] NSWCA 81

Irlam v Byrnes [2022] NSWCA 81

The appeal was allowed because: (1) The short delay between judgment and publication of reasons was not a ground to set aside the judgment; (2) The respondent acted with intent to cause injury—thus a finding of battery, not mere negligence, was warranted; (3) Statutory defences under the Civil Liability Act 2002 (NSW) ss 52, 53, 54 did not apply, as essential elements were not proved and the respondent's conduct was itself an offence; (4) Contributory negligence was not available as a partial defence to intentional tort (battery) for the direct injury suffered.

Parties
Appellant: Gregory Paul Irlam; Respondent: Daryl Byrnes
Jurisdiction
Australia
Judgment Date
03 June 2022
Procedural Posture
Civil Appeal / Appeal From District Court (judgment Delivered and Reasons Challenged, Appeal on Factual and Legal Grounds)
Outcome
Appeal allowed; judgment and orders below set aside; judgment entered for appellant for $132,279.16; orders for costs made in favour of appellant.
Legal Topics
Battery, Intentional Torts, Contributory Negligence, Self Defence in Tort, Delay in Delivery of Reasons, Civil Liability Act Application
Torts Civil Procedure Battery Intentional Torts Contributory Negligence Self Defence in Tort Delay in Delivery of Reasons Civil Liability Act Application

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Parties

Gregory Paul Irlam

Appellant

Daryl Byrnes

Respondent

Procedural Posture

Civil Appeal / Appeal From District Court (judgment Delivered and Reasons Challenged, Appeal on Factual and Legal Grounds)

Legal Issues

  1. 1 Whether delay in delivery of reasons required judgment to be set aside
  2. 2 Whether respondent acted with intent to cause injury (battery)
  3. 3 Applicability and correctness of statutory defences under Civil Liability Act 2002 (NSW) ss 52, 53, 54

Ratio Decidendi

The appeal was allowed because: (1) The short delay between judgment and publication of reasons was not a ground to set aside the judgment; (2) The respondent acted with intent to cause injury—thus a finding of battery, not mere negligence, was warranted; (3) Statutory defences under the Civil Liability Act 2002 (NSW) ss 52, 53, 54 did not apply, as essential elements were not proved and the respondent's conduct was itself an offence; (4) Contributory negligence was not available as a partial defence to intentional tort (battery) for the direct injury suffered.

Court Disposition

Appeal allowed; judgment and orders below set aside; judgment entered for appellant for $132,279.16; orders for costs made in favour of appellant.

Orders

  • Appeal allowed.
  • Judgment of Acting Judge Craig QC of 24 December 2020 set aside.