Farjudi v Cheng [2015] NSWDC 297

Farjudi v Cheng [2015] NSWDC 297

The court found the defendant assaulted the plaintiff without adequate justification in self-defence or defence of another, rejecting the assertion of an assault by the plaintiff upon Mrs Cheng based on inconsistencies and lack of corroborative evidence, including the CCTV footage. The self-defence arguments failed...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 November 2015
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
['intentional Tort' 'assault' 'self Defence' 'proportionality of Response' 'issue Estoppel' 'assessment of Damages' 'aggravated Damages' 'exemplary Damages']
['torts' 'personal Injury'] ['intentional Tort' 'assault' 'self Defence' 'proportionality of Response' 'issue Estoppel' 'assessment of Damages' 'aggravated Damages' 'exemplary Damages']

Source-derived case record

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Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ['Whether the defendant assaulted the plaintiff and caused injury' "Whether the defendant's conduct was justified on the basis of self-defence or defence of another" 'Assessment of damages including aggravation, exemplary damages, and domestic assistance']

Ratio Decidendi

The court found the defendant assaulted the plaintiff without adequate justification in self-defence or defence of another, rejecting the assertion of an assault by the plaintiff upon Mrs Cheng based on inconsistencies and lack of corroborative evidence, including the CCTV footage. The self-defence arguments failed under both statute and common law due to lack of reasonable or honest belief in necessity and use of disproportionate force. The plaintiff’s injuries and ongoing psychological impact, including PTSD, were accepted and damages were assessed accordingly.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Proceedings adjourned to deal with costs and interest and make final orders.' 'Verdict and judgment for the plaintiff in the sum of $210,927.' 'The defendant is to pay the plaintiff’s costs of the proceedings, including those arising out of the notice of motion dated 6 November 2015 on an ordinary basis up to 13...