Orcher v Bowcliff Pty Ltd [2012] NSWSC 1088

Orcher v Bowcliff Pty Ltd [2012] NSWSC 1088

Bowcliff Pty Ltd, as occupier and licensee, owed a duty to take reasonable care to prevent injury to Mr Orcher from disorderly conduct of other persons in the vicinity of the premises. The duty extended to the events in the street due to control over employees, especially when the employee intervened in an altercation. Bowcliff breached its duty by failing to take reasonable steps either to intervene in the disturbance between patrons or to prevent an untrained employee from becoming involved. DSSS Cousins (and by extension QBE Insurance) also breached their duty by failing to intervene when they had reasonable opportunity. The assault itself was a gratuitous and unprovoked attack, not in...

Jurisdiction
Australia
Judgment Date
12 September 2012
Procedural Posture
Principal Judgment / Final Judgment
Outcome
Judgment for plaintiff; damages awarded.
Legal Topics
['duty of Care' "occupier's Liability" 'liability for Intentional Acts' 'vicarious Liability' 'contribution Between Tortfeasors' 'hotel Security Liability']
['tort Law' 'negligence'] ['duty of Care' "occupier's Liability" 'liability for Intentional Acts' 'vicarious Liability' 'contribution Between Tortfeasors' 'hotel Security Liability']

Case Brief

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Procedural Posture

Principal Judgment / Final Judgment

Legal Issues

  1. 1 ['Whether Bowcliff Pty Ltd and Mr Keough owed a duty of care to Mr Orcher for conduct occurring outside the hotel premises' 'Whether Bowcliff Pty Ltd or Mr Keough breached their duty of care by failing to prevent the assault' "Whether Bowcliff Pty Ltd or Mr Keough or QBE Insurance (as insurer of DSSS Cousins) are vicariously liable for Mr Paseka's assault" 'Whether DSSS Cousins (security firm) owed or breached a duty of care to Mr Orcher' 'Apportionment of liability and contribution']

Ratio Decidendi

Bowcliff Pty Ltd, as occupier and licensee, owed a duty to take reasonable care to prevent injury to Mr Orcher from disorderly conduct of other persons in the vicinity of the premises. The duty extended to the events in the street due to control over employees, especially when the employee intervened in an altercation. Bowcliff breached its duty by failing to take reasonable steps either to intervene in the disturbance between patrons or to prevent an untrained employee from becoming involved. DSSS Cousins (and by extension QBE Insurance) also breached their duty by failing to intervene when they had reasonable opportunity. The assault itself was a gratuitous and unprovoked attack, not in...

Court Disposition

Judgment for plaintiff; damages awarded.

Orders

  • ['Verdict for the plaintiff for $1,362,591.' "Order defendants to pay the plaintiff's costs." 'Declare that 30 percent liability for damages and costs to be contributed by fourth cross-defendant (QBE Insurance) as just and equitable between parties to the fourth cross-claim.' 'Liberty to apply for orders or...