Ryan v Ann St Holdings

On the evening of 24 January 2002, Gavin Ryan and Philip Tyson entered the Beat night club in Fortitude Valley.

Mr Ryan and Mr Tyson over the course of the evening slowly became intoxicated.  However, they were well behaved and did nothing to draw attention to themselves.  Mr Ryan and Mr Tyson left the club at 5:20am and stood talking on the footpath.  A bouncer employed by the Beat, Vaivasa Aperu, approaches Mr Tyson and asked whether Mr Tyson would go back inside and help a friend leave the club.  Mr Tyson did what was asked of him and again entered the club.

Once inside, Mr Aperu slapped Mr Aperu, ordered Mr Tyson to sit down, swore at him and slapped him three times in the face.  Mr Tyson left the club and was pushed by other security staff on his way our.  Mr Aperu then called Mr Ryan into the club.

Once in the club, Mr Aperu hit Mr Ryan heavily on the ride side of the face and Mr Ryan sustained significant head injuries as a result.

The Court of Appeal determined that the Beat Night Club was liable for the conduct of the security officer (vicarious liability) and hence Mr Ryan was able to obtain personal injuries compensation from the Club.