Uguzcu v Macquarie Hotel Liverpool Pty Ltd [2016] NSWSC 843

Uguzcu v Macquarie Hotel Liverpool Pty Ltd [2016] NSWSC 843

The Plaintiff was assaulted intentionally by the Fourth Defendant, causing physical and psychiatric injuries; the Civil Liability Act 2002 (NSW) does not apply, and damages are to be assessed under common law principles. Past settlements must be set-off against damages owed. Default judgments against the Third and Fifth Defendants were entered irregularly and should be set aside, allowing the Plaintiff to discontinue proceedings against them with appropriate cost orders.

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Damages Claim (trespass to the Person – Battery) / Final Judgment and Orders Following Assessment of Damages
Outcome
Judgment for Plaintiff against Fourth Defendant for $125,228; default judgments against Third and Fifth Defendants set aside; leave granted to discontinue proceedings against Third and Fifth Defendants subject to conditions; Fourth Defendant to pay Plaintiff's costs.
Legal Topics
['personal Injury' 'battery' 'assessment of Damages' 'default Judgment' 'contributory Negligence' 'medical Evidence']
['tort Law'] ['personal Injury' 'battery' 'assessment of Damages' 'default Judgment' 'contributory Negligence' 'medical Evidence']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Damages Claim (trespass to the Person – Battery) / Final Judgment and Orders Following Assessment of Damages

Legal Issues

  1. 1 ['Whether the Fourth Defendant assaulted the Plaintiff.' 'Entitlement and assessment of damages for physical and psychiatric injuries resulting from assault.' 'Effect of default judgments and irregular entry against Third and Fifth Defendants.' 'Appropriate quantum for general damages, out-of-pocket expenses, and economic loss.']

Ratio Decidendi

The Plaintiff was assaulted intentionally by the Fourth Defendant, causing physical and psychiatric injuries; the Civil Liability Act 2002 (NSW) does not apply, and damages are to be assessed under common law principles. Past settlements must be set-off against damages owed. Default judgments against the Third and Fifth Defendants were entered irregularly and should be set aside, allowing the Plaintiff to discontinue proceedings against them with appropriate cost orders.

Court Disposition

Judgment for Plaintiff against Fourth Defendant for $125,228; default judgments against Third and Fifth Defendants set aside; leave granted to discontinue proceedings against Third and Fifth Defendants subject to conditions; Fourth Defendant to pay Plaintiff's costs.

Orders

  • ['Leave to the Plaintiff to proceed against the Third Defendant for the purpose of setting aside the default judgment obtained against the Third Defendant on 24 June 2015.' 'Set aside the default judgment obtained against the Third Defendant on 24 June 2015.' "Leave to the Plaintiff to discontinue the proceedings...