TREVITT V. NSW TAFE COMMISSION & ANOR (formerly [2001] NSWCA 348 - now deleted) [2001] NSWCA 363

TREVITT V. NSW TAFE COMMISSION & ANOR (formerly [2001] NSWCA 348 - now deleted) [2001] NSWCA 363

The appellant was subjected to battery by Graham's acts, for which the respondents are liable, and is entitled to damages for distress and injured feelings even if those arose from a vulnerable personality; however, there was no causal link to lasting psychological injury, nor was a case for exemplary damages made out. Each party should bear its own costs of the proceedings and appeal as appellant achieved only partial success and settlement offers/discretion warrant offsetting costs orders.

Parties
Appellant: Marcus John Trevitt; First Respondent: NSW TAFE Commission; Second Respondent: Wyn Manners
Jurisdiction
Australia
Judgment Date
21 September 2001
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal allowed; judgment for appellant
Legal Topics
Trespass to Person, Assault, Battery, Damages, Procedural Fairness, False Imprisonment, Negligent Infliction of Nervous Shock, Costs
Tort Law Trespass to Person Assault Battery Damages Procedural Fairness False Imprisonment Negligent Infliction of Nervous Shock +1 more

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Parties

Marcus John Trevitt

Appellant

NSW TAFE Commission

First Respondent

Wyn Manners

Second Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether battery occurred when assault was alleged
  2. 2 Whether plaintiff suffered compensable distress
  3. 3 Appropriateness of costs order given partial success on appeal

Ratio Decidendi

The appellant was subjected to battery by Graham's acts, for which the respondents are liable, and is entitled to damages for distress and injured feelings even if those arose from a vulnerable personality; however, there was no causal link to lasting psychological injury, nor was a case for exemplary damages made out. Each party should bear its own costs of the proceedings and appeal as appellant achieved only partial success and settlement offers/discretion warrant offsetting costs orders.

Court Disposition

Appeal allowed; judgment for appellant

Orders

  • Set aside judgment for respondents and costs order in their favour
  • Judgment for appellant against each respondent for $2,000.00