Dickson v Chaffey & Anor (No 3) [2012] NSWSC 1135

On the accepted facts, the First Defendant's blow followed any potential damage; it could not be justified as self-defence nor as a reasonable response and amounted to unlawful assault.

Jurisdiction: Australia
Judgment Date: 18 September 2012
Procedural Posture: Interlocutory Application / Liability Determination, Ex Parte Hearing Against First Defendant
Outcome: Judgment for the Plaintiff against the First Defendant in an amount to be assessed
Legal Topics: ['assault' 'civil Liability' 'self Defence']

['tort'] ['assault' 'civil Liability' 'self Defence']

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Procedural Posture

Interlocutory Application / Liability Determination, Ex Parte Hearing Against First Defendant

Legal Issues

1 ['Is the First Defendant liable to the Plaintiff for assault?' "Whether First Defendant's conduct was justified under self-defence provisions of Civil Liability Act 2002 s 52"]

Ratio Decidendi

On the accepted facts, the First Defendant's blow followed any potential damage; it could not be justified as self-defence nor as a reasonable response and amounted to unlawful assault.

Court Disposition

Judgment for the Plaintiff against the First Defendant in an amount to be assessed

Orders

['Judgment for the Plaintiff against the First Defendant in an amount to be assessed.' 'Plaintiff to serve outline of heads of damage and supporting materials by 12 October 2012.' 'Matter listed for mention at 9.30 am on 23 October 2012 for further directions.' 'Liberty to apply.']