Club Found Liable for Injury Caused by Robbers
Aug 2007 |In the decision of Brown v Drummoyne Sports Club Ltd a NSW District Court judge has found an exception to the general legal principle that an occupier is not responsbile for the criminal actions of third parties. The decision extends the exceptions to the Modbury rule, which is explained in the attached, to another class of relationship. The court found the exceptions to apply to hold a club, operating for charitable and not for profit purposes, liable for a man's personal injuries suffered when resisting an armed hold-up at the club's premises.
by Annette Clark, Senior Associate
Australian Civil Liability, August 2007