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Subject Code : OCHS12015
Country : Australia
Assignment Task

 

Read the case of Howl at the Moon Broadbeach Pty Ltd v Lamble [2014] QCA 74 and answer the following questions:

1. What are the facts that gave rise to this case?

· The barman (Mr Cerantonio’s) assaulting a patron

· Staff were warned not to take on security roles themselves. (Which the barman did)

 

2. Who brought the original action? 

· The respondent against the barman.

 

3. In which court was the matter first heard?

· Supreme court of Queensland

 

4. What order did the trial judge in the original court make? 

 

5. What were the original trial judge’s findings with regard to the appellant’s:

(a) vicarious liability

(b) direct liability

to the respondent?

 

6. On what basis did the appellant challenge the primary judge’s conclusions?

7. What was the court’s view regarding the instruction to Anthony Cerantonio “to leave security issues to the security staff”?

8. In what way was the case different (ie: distinguishable) from Deatons v Flew (1947) 79 CLR 370?

9. What did the court have to say about employees acting in emergency situations? 

10. Who won the appeal?

 

 

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  • Posted on : November 01st, 2019
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