ARTICLE · 24 JULY 2015

Another claim for injuries arising from an assault fails on appeal

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This NSW decision applied a similar common sense approach in relation to an assault by a fellow member at a bowls club.

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On 25 June 2015, HopgoodGanim Lawyers' Insurance and Risk team published an alert discussing the outcome of an appeal in the Queensland Court of Appeal for damages in negligence against a boat cruise operator for injuries suffered by the plaintiff on a Christmas party cruise (see " Plaintiff fails on appeal against boat cruise operator for injuries arising from third party assault"). A recent decision of the NSW Court of Appeal has applied a similar common sense approach in relation to an assault by a fellow member at a bowls club.

In the following Alert, Senior Associate Jacqi Marshall and Solicitor Melissa McGarrity discuss the dismissal of the plaintiff's appeal in the NSW Court of Appeal decision of Tilden v Gregg [2015] NSWCA 164, upholding the original decision of the NSW District Court.

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