A former Canberra nightclub owner who entered bankruptcy in 2016 has just had five lawsuits dealt with in the ACT Supreme Court, of which he lost three.
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Mark Ryan, who also ran a chiropractic business, claimed he had been "smacked in the face" by a Bunnings employee, assaulted and falsely imprisoned by staff at Eastlake Football Club, and injured in three car accidents between 2012 and 2018.
Justice Chrissa Loukas-Karlsson this week published her findings for the lawsuits in a judgment spanning about 100 pages.
Mr Ryan claimed a Fyshwick Bunnings employee smacked him in the face when he went into the store to buy paint in 2012, but Justice Loukas-Karlsson found the employee had "brushed" Mr Ryan instead.
The judge said the employee had been standing next to a store greeter and gesturing with her arm outstretched when the "slight and trivial" contact happened.
Mr Ryan argued Bunnings should have directed its staff to keep thoroughfares and the entry area clear.
Lawyers for Bunnings said it would be a significant burden for it to have to "remove the so-called danger of all people greeters from stores" or direct employees "to have their hands by their sides at all times".
Justice Loukas-Karlsson said: "The plaintiff, in my view, deliberately exaggerated the impact of the contact."
She described Mr Ryan as an "unreliable" witness who lacked credibility.
The judge awarded Mr Ryan $57,500 over an incident at the Eastlake Football Club, which happened in February 2014.
She found Mr Ryan had given an attendant $400 cash in exchange for coins to play poker machines, but a manager soon asked for the coins back because of the size of the request.
Mr Ryan refused, and the manager held onto another $300 that Mr Ryan had handed over.
Justice Loukas-Karlsson said Mr Ryan later retrieved his $300, and "what can only be described as an unnecessary standoff" ensued.
She said "three men at various times [followed] the plaintiff around the club and [prevented] his exit from the club".
The judge said that, at one point, a duty manager tripped Mr Ryan - likely accidentally - then pushed him to the ground, and he and a security guard restrained Mr Ryan.
"The assault caused a relatively brief aggravation of longstanding conditions," Justice Loukas-Karlsson said.
The judge said staff at the club unlawfully detained Mr Ryan for 25 minutes after he retrieved his $300, which would have been "humiliating".
In terms of the three car accidents, the judge said she couldn't be satisfied Mr Ryan had sustained any injuries in two of them.
She awarded Mr Ryan $11,190 over one of the accidents, though, after the defendant agreed "some very small measure of damages" was appropriate.
The judge ordered Mr Ryan pay the costs of the defendants he lost against.
Mr Ryan bought Sultan's Nightclub in 2004. The nightclub closed in August 2014.
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Cassandra Morgan
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
It has never been more important for Canberrans to be able to access reliable and accurate information about health. As The Canberra Times’ health reporter, I am committed to ensuring our readers have access to this. I, like many in the territory, have family members who work in the sector. Although providing comprehensive coverage on the coronavirus pandemic is obviously my number one priority, I aim to frequently shed light on the fantastic work our frontline professionals do, as well as the challenges they face. Email me tips and story ideas at: c.morgan@canberratimes.com.au.
