Fontin v Katapodis; Katapodis v Fontin [1962] HCA 63

Fontin v Katapodis; Katapodis v Fontin [1962] HCA 63

Fontin exceeded reasonable self-defence in throwing glass at Katapodis; provocation by Katapodis does not reduce compensatory damages; the employers are not vicariously liable as Fontin's actions were not in the course of his employment.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Judgment
Outcome
Appeal by Fontin dismissed; Katapodis appeal allowed in part; damages restored to full amount; appeals against employers dismissed.
Legal Topics
['assault and Battery' 'damages' 'vicarious Liability' 'self Defence' 'mitigation of Damages']
['tort Law'] ['assault and Battery' 'damages' 'vicarious Liability' 'self Defence' 'mitigation of Damages']

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Procedural Posture

Appeal / High Court Judgment

Legal Issues

  1. 1 ['Whether the defendant Fontin was justified in acting in self-defence when he assaulted Katapodis.' 'Whether the damages should be mitigated due to provocation by the plaintiff.' "Whether Millars' Timber & Trading Company Limited and Harris Scarfe & Sandovers Limited are vicariously liable for Fontin's actions."]

Ratio Decidendi

Fontin exceeded reasonable self-defence in throwing glass at Katapodis; provocation by Katapodis does not reduce compensatory damages; the employers are not vicariously liable as Fontin's actions were not in the course of his employment.

Court Disposition

Appeal by Fontin dismissed; Katapodis appeal allowed in part; damages restored to full amount; appeals against employers dismissed.

Orders

  • ['Appeal of Fontin dismissed with costs.' "Appeal of Katapodis dismissed with costs as against Millars' Timber & Trading Company Limited and Harris Scarfe & Sandovers Limited." 'Appeal of Katapodis allowed with costs as against Fontin.' 'Order of Supreme Court varied by increasing the amount of damages to £2,850.']