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Judgment date
Case number
S191/2009
S192/2009
Before
French CJ, Gummow, Hayne, Heydon, Crennan JJ
Catchwords
Torts – Negligence - Duty of care - Where gunman shot two men at New Year's Eve function - Where shootings occurred on licensed premises - Whether defendant owed duty of care to prevent injury from conduct of other patrons - Relevance of statutory requirements under Liquor Act 1982 (NSW).
Torts – Negligence - Breach of duty - Where no licensed security personnel on premises - Whether licensed security personnel ought to have been provided - Relevance of size and type of function - Relevance of past incidents at premises.
Torts – Negligence - Causation - Whether absence of licensed security personnel necessary condition for shootings taking place - Whether "but for" test of causation satisfied - Relevance of nature of damage sustained - Whether an exceptional case.
Words and phrases – "necessary condition of the occurrence of the harm", "factual causation", "scope of liability", "an exceptional case".
Civil Liability Act 2002 (NSW) – ss 5B, 5C, 5D, 5E.
Liquor Act 1982 (NSW) – ss 2A, 103, 125.