Crilly v Bumble Group Pty Limited t/a My Security [2012] NSWDC 3

Crilly v Bumble Group Pty Limited t/a My Security [2012] NSWDC 3

The plaintiff was an innocent victim of an assault by a security guard for whose actions the defendant was responsible; the punch caused a fall onto concrete, brain injury, right-sided hearing loss, balance problems and behavioural and cognitive changes. Because judgment had been entered by default and damages were assessed under common law principles for assault, the plaintiff was entitled to compensatory damages including general damages, interest, economic loss, superannuation, future hearing aid costs, out-of-pocket expenses and aggravated damages, totalling $356,759.

Jurisdiction
Australia
Judgment Date
30 January 2012
Procedural Posture
Personal Injury Claim Framed in Assault, Alternatively in Negligence / Assessment of Damages After Default Judgment
Outcome
Verdict and judgment for the plaintiff against the defendant in the sum of $356,759.
Legal Topics
['assault' 'hotel Security Guard' 'brain Injury' 'hearing Loss' 'default Judgment' 'assessment of Damages' 'aggravated Damages' 'future Economic Loss']
['torts' 'personal Injury' 'damages' 'civil Procedure'] ['assault' 'hotel Security Guard' 'brain Injury' 'hearing Loss' 'default Judgment' 'assessment of Damages' 'aggravated Damages' 'future Economic Loss']

Case Brief

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Procedural Posture

Personal Injury Claim Framed in Assault, Alternatively in Negligence / Assessment of Damages After Default Judgment

Legal Issues

  1. 1 ["Whether the plaintiff's damages for an intentional tort of assault should be assessed under common law principles rather than the Civil Liability Act 2002 regime for negligence claims." "What damages should be awarded for the plaintiff's injuries, disabilities, economic loss, equipment needs, out-of-pocket expenses and aggravated damages." 'Whether the plaintiff should be permitted to advance an unpleaded claim for aggravated damages after notice to the defendant.']

Ratio Decidendi

The plaintiff was an innocent victim of an assault by a security guard for whose actions the defendant was responsible; the punch caused a fall onto concrete, brain injury, right-sided hearing loss, balance problems and behavioural and cognitive changes. Because judgment had been entered by default and damages were assessed under common law principles for assault, the plaintiff was entitled to compensatory damages including general damages, interest, economic loss, superannuation, future hearing aid costs, out-of-pocket expenses and aggravated damages, totalling $356,759.

Court Disposition

Verdict and judgment for the plaintiff against the defendant in the sum of $356,759.

Orders

  • ['Verdict and judgment for the plaintiff against the defendant in the sum of $356,759;' "The defendant is to pay the plaintiff's costs of the proceedings on the ordinary basis, unless otherwise entitled;" 'The exhibits may be returned;' 'Liberty to apply on 7 days notice if further orders are required;']