Hotel and security company not liable for patron’s injury during altercation due to poor pleading undermining the case.
The background
The plaintiff, Ms Blair Ashleigh Ibbett, sustained a fractured right ankle after attempting to assist a security guard, Mr Ramadan Tia, who was being assaulted by another patron (the patron) at Hotel Ravesis, Bondi Beach (Ravesis), on 30 July 2022 at approximately 9:45pm. The plaintiff was a guest at Ravesis at the time and brought proceedings for damages against Debilu Pty Ltd trading as Ravesis on Bondi Beach (the first defendant), Urban Protection Group Pty Ltd (the second defendant) and Ample Security Service Pty Ltd trading as Dark Haus Security (Dark Haus). Default judgment was obtained by the plaintiff against Dark Haus, who later entered liquidation and did not participate in the trial. The plaintiff alleged the first and second defendants were negligent because they, respectively, failed to arrange adequate security measures and failed to