Southon v Ray [2022] NSWDC 32

Southon v Ray [2022] NSWDC 32

The Court preferred the plaintiff's evidence and found that the defendant, enraged during an argument, intentionally grabbed the plaintiff by both shoulders and pushed her backwards, causing her to fall and hit her head on a coffee table. The defendant did not prove that he actually or reasonably believed the push...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 February 2022
Procedural Posture
Civil Claim for Damages for Personal Injury Arising From Assault and Battery, Alternatively Negligence / Principal Judgment After Hearing
Outcome
Judgment for the plaintiff in the sum of $163,786.46, with the defendant to pay the plaintiff's costs as agreed or assessed.
Legal Topics
['assault and Battery in a Domestic Relationship' 'self Defence at Common Law' 'self Defence Under Part 7 of the Civil Liability Act 2002 (nsw)' 'whether Civil Liability Act 2002 (nsw) Part 2 Was Excluded by S 3 B(1)' 'intent to Cause Injury' 'causation of Personal Injury' 'aggravated Damages' 'assessment of Damages']
['torts' 'civil Liability' 'damages' 'evidence'] ['assault and Battery in a Domestic Relationship' 'self Defence at Common Law' 'self Defence Under Part 7 of the Civil Liability Act 2002 (nsw)' 'whether Civil Liability Act 2002 (nsw) Part 2 Was Excluded by S 3 B(1)' 'intent to Cause Injury' 'causation of Personal Injury' 'aggravated Damages' 'assessment of Damages']

Source-derived case record

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Procedural Posture

Civil Claim for Damages for Personal Injury Arising From Assault and Battery, Alternatively Negligence / Principal Judgment After Hearing

Legal Issues

  1. 1 ['What happened on 17 August 2017 and how the plaintiff fell' 'Whether the defendant acted in self-defence at common law or under the Civil Liability Act 2002 (NSW)' 'Whether the Civil Liability Act 2002 (NSW) regulated liability and damages or was excluded by s 3B(1)' "Whether the plaintiff's alleged injuries were caused by the defendant's conduct or by pre-existing or subsequent conditions" 'Quantum of damages']

Ratio Decidendi

The Court preferred the plaintiff's evidence and found that the defendant, enraged during an argument, intentionally grabbed the plaintiff by both shoulders and pushed her backwards, causing her to fall and hit her head on a coffee table. The defendant did not prove that he actually or reasonably believed the push was necessary for self-defence, nor that the plaintiff's conduct was unlawful or a serious offence for the purposes of ss 52-54 of the Civil Liability Act 2002 (NSW). The defendant committed battery. The Court inferred from the circumstances, including the aggressive grab, the defendant's rage and loss of self-control, that he intended to cause injury or harm, so s 3B(1)(a)...

Court Disposition

Judgment for the plaintiff in the sum of $163,786.46, with the defendant to pay the plaintiff's costs as agreed or assessed.

Orders

  • ['Judgment for the plaintiff for the sum of $163,786.46' "The defendant is to pay the plaintiff's costs of the proceeding, as agreed or assessed." 'If either party seeks a variation of the costs order, they should apply to the Court, by notice of motion supported by affidavit, within 14 days. If there be some doubt...