A social media influencer and bodybuilder has been awarded more than $200,000 over an assault at a Bondi bar, after suing the operators for negligence.
Clinton Chadwick was at The Bucket List in December 2017 when he was momentarily knocked unconscious during a fight with another man, Stephen Martin.
Mr Chadwick sued operator Bondi Beach Food and Crossguard Group, which provided security services, in the NSW Supreme Court, seeking past and future economic loss and medical expenses.
Martin later pleaded guilty to the assault, which was captured on CCTV.
The footage showed Mr Chadwick attempted to punch Martin, who then responded by striking him with a stool.
In a written judgement, Justice Michael Elkaim today said Martin and a group he was with should have come to the defendants' attention and been controlled, restrained or evicted.
"I think there was contributory negligence on the part of the plaintiff, but I think it is far exceeded by that of the defendants in allowing abusive, aggressive and obviously intoxicated persons to be on the premises," he said.
"The plaintiff should have ignored whatever taunting was aimed at him, but he chose to remain and take part."
Before the assault, Mr Chadwick told the court he was "in the prime of my life, physically and mentally".
"I had the energy of an Energiser Bunny and worked long hours each week to build up my business, attended the gym, and had many friends that I socialised with when I had time to do so."
But the court heard in the first months of his recovery, Mr Chadwick complained of depression, headaches and difficulty concentrating, in addition to fatigue and interrupted sleep.
Mr Chadwick claimed Martin invited him to "go outside and fight".
But while the court heard Mr Chadwick performed "the first physical act of aggression" by shoving Martin, the judge concluded that this didn't make him the instigator.
The judge assessed contributory negligence to be 20 per cent.
Justice Elkaim was satisfied that if the venue was properly staffed, there was a "real possibility" the fight could have been avoided.
He awarded total damages of $200,706.
The defendants attacked Mr Chadwick's credibility, in part by suggesting the collapse of his business was not wholly a result of the assault and questioning his asserted incapacity to work, including by pointing to evidence he earned more than $100,000 over nearly two years by posting on the subscription website OnlyFans.
But despite those attacks, Justice Elkaim said he didn't consider Mr Chadwick to be "an overtly dishonest witness".
"Rather, I thought him to be a man somewhat deluded by his own image, his capacity to be a successful businessman and his perception of what his future might have been but for the injury," the judge said.
He considered Mr Chadwick to be "a very competent influencer", which extended beyond influencing the sale of activewear products and to also influencing people to invest in his business.
