Karimi v Rooty Hill RSL Club Limited & Ors [2007] NSWSC 938

Karimi v Rooty Hill RSL Club Limited & Ors [2007] NSWSC 938

Both the Club and Allied breached their respective duties of care to the plaintiff by failing to take reasonable steps to protect him from a foreseeable violent attack by Smith, including failing to identify the aggressor, monitor his movements, stagger departures, and escort the victim. Smith is liable for trespass to the person. The Club is entitled to contribution from Allied to the extent of one half of any damages ordered.

Jurisdiction
Australia
Judgment Date
24 August 2007
Procedural Posture
Tort, Negligence, Trespass / Liability (damages to Be Assessed); Cross Claims Interlocutory
Outcome
Judgment for the plaintiff against all three defendants for damages to be assessed. Judgment for the Club against Allied for contribution to the extent of one half of damages. Hearing on cross-claim against Smith adjourned pending possible defence.
Legal Topics
['negligence' 'trespass to the Person' "occupiers' Liability" 'duty of Care' 'foreseeability' 'causation' 'contribution']
['tort Law'] ['negligence' 'trespass to the Person' "occupiers' Liability" 'duty of Care' 'foreseeability' 'causation' 'contribution']

Case Brief

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Procedural Posture

Tort, Negligence, Trespass / Liability (damages to Be Assessed); Cross Claims Interlocutory

Legal Issues

  1. 1 ['Was the Club liable in negligence to the plaintiff for failing to prevent a foreseeable violent attack by another patron?' 'Was Allied Security Group Pty Limited liable in negligence to the plaintiff as provider of security guards?' 'Is Smith liable in tort for trespass to the person?' "Did the Club's policy failure contribute to the plaintiff's injury?" 'Is there a right of contribution between the Club and Allied?']

Ratio Decidendi

Both the Club and Allied breached their respective duties of care to the plaintiff by failing to take reasonable steps to protect him from a foreseeable violent attack by Smith, including failing to identify the aggressor, monitor his movements, stagger departures, and escort the victim. Smith is liable for trespass to the person. The Club is entitled to contribution from Allied to the extent of one half of any damages ordered.

Court Disposition

Judgment for the plaintiff against all three defendants for damages to be assessed. Judgment for the Club against Allied for contribution to the extent of one half of damages. Hearing on cross-claim against Smith adjourned pending possible defence.

Orders

  • ['Judgment for the plaintiff against Rooty Hill RSL Club Limited, Allied Security Group Pty Limited, and Michael Gordon Smith for damages to be assessed.' "On the Club's cross-claim against Allied, judgment for contribution to the extent of one half of damages payable by the Club to the plaintiff." "On the Club's...