The historic Greengate Hotel on Sydney’s north shore has been ordered to pay compensation to a patron, after a court ruled he was assaulted and “falsely imprisoned” by staff and security.
James Mansour attended the Greengate in Killara with friends in 2021, aged 20 years at the time.
Whilst inside, it’s said another group of three men arrived, one a friend of Mansour’s, who were denied entry for showing signs of intoxication, leading to a heated exchange with security guards.
The NSW District Court heard a guard chased one of the men and dragged him on the pavement, and Mansour attempted to help the man, before attempting to re-enter the venue. He was intercepted by licensee Andrew Lockhart-Ross, who despite Mansour’s claims he needed to collect his wallet instructed him to leave the area. This was reportedly reinforced by a security guard, who “advanced” on Mansour and pushed him backwards.
According to reports, another manager pushed Mansour with “considerable” force, then Lockhart-Ross knocked him to the ground, where he hit his head on the path, and was restrained by a guard for around 10 minutes, until authorities arrived.
Police charged Mansour with assault, although it was stated in court that the charges were later dropped.
Mansour pursued Lockhart-Ross and Marhop P/L, which operates the pub, alleging he was assaulted, subjected to battery, and detained, claiming damages against the licensee – and his employer, on the basis it was vicariously liable for the conduct.
In their defence, Marhop and Lockhart-Ross offered that the plaintiff’s behaviour had rendered it necessary for him to be detained.
In his judgement, District Court Judge Kevin Andronos noted Mansour’s “vulgar and abusive language” during the incident, but believed his conduct had not been violent and it was fortunate he did not suffer any serious injury.
Conversely, Andronos saw Lockhart-Ross’ actions as “reckless and dangerous” in the way he knocked him to the ground.
The plaintiff James Mansour was awarded a total of $28k in monetary damages, specifically for assault, battery and false imprisonment.
