Bowls Club not at fault for assault

Mr Tilden and his friend were drinking in an open-air spoking area at the Ettalong Memorial Bowls Club.  They were seated.  Mr Gregg was seated nearby.  Over a period of twenty minutes or so Mr Gregg verbally abused and goaded Mr Tilden and his friend.

Ultimately, Mr Tilden told Mr Gregg words to the effect:  “you only like to hit disabled people and women”.  Mr Gregg then punched Mr Tilden in the face.   His head hit a brick wall behind him.

Mr Tilden then sued Mr Gregg for assault and the bowls club for negligence.

The bowling club knew that Mr Gregg could be argumentative and quarrelsome.

But the court did not think that that was enough to require the bowls club to instruct its staff to increase their supervision of Mr Gregg.

It was argued by Mr Tilden that increased staff and CCTV coverage would have prevented the assault.  The court rejected that argument and said that because the assault occurred quickly those measures wouldn’t have prevented the assault in any event.

Mr Tilden succeeded in getting a judgment for $37,111 against Mr Gregg.  But his case against the bowls club was dismissed.

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For more details read the full version of the court judgment:

Tilden v Gregg [2015] NSWCA 157

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