Court of Appeal

Howl at the Moon Broadbeach Pty Ltd v Lamble [2014] QCA 074 ; [2015] 2 QdR 11 (13/9430) Holmes and Muir JJA and A Lyons J 11 April 2014

Full-text: QCA14-074.pdf

Catchwords

APPEAL AND NEW TRIAL – APPEAL – GENERAL PRINCIPLES – RIGHT OF APPEAL – WHEN APPEAL LIES – ERROR OF LAW – WHAT IS – GENERALLY – where the respondent was standing outside the entrance to the Howl at the Moon nightclub when struck in the head with a long handled metal dustpan wielded by a barman employed by the appellant proprietor of the nightclub – where the respondent sued the appellant claiming damages for assault and battery, negligence and/or breach of duty on the basis that the appellant was vicariously liable for the barman’s conduct – where the primary judge found the appellant vicariously liable in negligence for the barman’s actions towards the respondent – where the primary judge assessed damages at $1,399,000 – where the appellant appeals against the judgment and associated order for indemnity costs – whether the primary judge erred in finding that the appellant was vicariously liable for the barman’s actions – whether the primary judge erred in making the order that the appellant pay the respondent’s costs on the indemnity basis