Share on LinkedInShare on LinkedIn

ARTICLE · 03 MARCH 2009

Beyond The Front Door – Liability Of The Hotelier

Cooper Grace Ward
Cooper Grace Ward
Contributor
Cooper Grace Ward

Cooper Grace Ward

Cooper Grace Ward was established in 1980 and has quickly become one of the largest independent...

View firm profile
Explore more from Cooper Grace Ward

Last month we featured a recent decision in which an hotelier was found liable to an intoxicated patron who was injured after he had left the hotelier's premises. This month the story continues...

AustraliaLitigation, Mediation & Arbitration
Tony Park
Tony Park
Author LinkedIn connections

Rooty Hill RSL Club Ltd v. Karimi [2009] NSWCA 2
Portelli v. Tabriska Pty Ltd & Ors [2009] NSWCA 17

Last month we featured a recent decision in which an hotelier was found liable to an intoxicated patron who was injured after he had left the hotelier's premises. This month the story continues...

The two cases featured this month have some striking similarities about them: In both the claimants were assaulted shortly after they had been evicted from the hotelier's premises following an earlier altercation between the claimants and their would-be attackers within the hotelier's premises. In both the attackers were intoxicated but the claimants were not. In both the claimants and their would-be attackers were evicted from the hotelier's premises via separate entrances following standard security practice. In both the claimants were only evicted after security were satisfied that the would-be attackers posed no ongoing threat to the claimants. Both claimants sued the

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

How To Draft A Defence And Reply

Queensland civil procedure requires defendants to respond to each factual allegation with precision—admissions, denials, or non-admissions must be properly explained, while inadequate responses risk being treated as admissions. Replies serve a distinct and limited purpose, addressing only new matters raised in the defence that could affect the claim's maintainability or introduce unexpected factual questions.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal
Article

Counterclaims In Queensland Civil Proceedings: Complete Guide

When a defendant in Queensland civil litigation wishes to pursue its own claim against the plaintiff, a counterclaim provides the procedural mechanism to do so within the existing proceeding. Understanding the technical requirements for pleading, serving, and answering counterclaims—including joinder of additional parties, limitation periods, and the effect of discontinuance—is essential for both claimants and respondents navigating commercial disputes.
AustraliaLitigation, Mediation & Arbitration
Stonegate Legal
Stonegate Legal
Article

First Right To Disconnect Rulings Clarify The Bar For A Contravention Of The Right To Disconnect Laws

In the first substantive rulings on Australia's right to disconnect laws, the South Australian Employment Tribunal has determined that an Adelaide hairdressing salon did not breach its apprentices' rights despite sending frequent out-of-hours messages via TikTok and Snapchat. The Tribunal drew a critical distinction between unwelcome communication and actually preventing employees from disconnecting, establishing that subjective pressure without demonstrable consequences does not constitute a breach.
AustraliaEmployment and HR
Cooper Grace Ward
Cooper Grace Ward
Video

It Depends – Can A Limited Recourse Borrowing Trust Acquire More Than One Asset? (Video)

Under Australian superannuation law, limited recourse borrowing arrangements typically require separate bare trusts for each asset acquired by an SMSF. However, certain exceptions allow multiple assets to be held in a single bare trust, including identical assets purchased simultaneously, permanent fixtures spanning multiple titles, and assets legally required to be dealt with together. Understanding these nuanced rules is critical to avoid serious compliance, tax, and duty implications.
AustraliaWealth Management
Cooper Grace Ward
Cooper Grace Ward
Article

Attempt Is Enough: Record Personal Penalty Signals ACCC’s Zero Tolerance For Cartel Conduct

The Federal Court has imposed a record $1 million personal fine on an executive for attempting to induce competitors into cartel arrangements in the oil and gas services industry, despite all five attempts failing. The Court also issued a non-indemnification order preventing the executive from using insurance or company funds to pay the penalty, marking a significant escalation in competition law enforcement.
AustraliaAntitrust/Competition Law
Cooper Grace Ward
Cooper Grace Ward