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$12 million in damages awarded to Hobart bricklayer after devastating attack at Salamanca bar

A Hobart man left seriously injured from a life-altering punch at the hands of a Salamanca bouncer has been awarded a massive damages payout. His heartbreaking story.

Revellers outside Syrup nightclub.
Revellers outside Syrup nightclub.

A Hobart reveller who suffered a brain injury at the hands of a Syrup nightclub crowd controller, being punched to the face before falling and hitting his head on the Salamanca roadway, has been awarded $12 million in damages.

Matthew Leonard, now 37, spent 40 weeks recovering in the Royal Hobart Hospital after the July 2014 attack, with two months in intensive care and seven months in the acute rehabilitation unit.

In his newly-published judgment, Supreme Court of Tasmania acting judge David Porter said Mr Leonard had been left with limited mobility, a shortened lifespan, a long list of medical problems, and had not been able to return to paid work.

The judge’s decision comes after a Supreme Court trial last year, waged by the Public Trustee on behalf of Mr Leonard with a battery case against crowd controller Faleupolu Atileo and a vicarious liability claim against his employer, SL Security.

Proceedings against Syrup nightclub - which closed down in January 2016 - and its manager were discontinued shortly before the trial began.

Syrup nightclub in Salamanca closed down in 2016.
Syrup nightclub in Salamanca closed down in 2016.

In assessing his damages, Acting Justice Porter awarded Mr Leonard - who had been a bricklayer - more than $13 million in damages including $1.5 million for past and future loss of earning capacity, $2 million for “special damages” and medical expenses, and $8.5 million for future attendant care.

Sums were also awarded to pay for Mr Leonard’s equipment, medication and therapy - plus $652,695 for housing and $350,000 for pain, suffering and loss of amenities.

But the total amount was reduced to take into account Mr Leonard’s “contributory negligence” given he was “unruly, uncooperative and antagonistic” on the night in question, punched Mr Atileo and another security guard, continued to argue after he was removed from the club, and returned “determined” to continue the confrontation.

After that reduction, plus the addition of interest, the sum ended up at $12,490,640.

Acting Justice Porter said Mr Leonard - then 28 - had no memory of the incident or the night in question, but that it was not in dispute he’d been heavily intoxicated on the night and had been ushered out.

Matthew Leonard and his daughter Ruby. Picture: Supplied
Matthew Leonard and his daughter Ruby. Picture: Supplied

After being kicked out of the club, Mr Leonard punched Mr Atileo to the face - and was struck back in return.

Mr Leonard fell back and hit his head on the roadway before being rushed to hospital for an emergency craniotomy.

During the trial, the crowd controller argued he had only pushed Mr Leonard - but Acting Justice Porter found he’d punched him in the face as a retaliatory act with the intention of causing injury, and did not accept he’d acted in self-defence.

In December 2014, Mr Leonard’s mother said she was “heartbroken” by the Director of Public Prosecution’s decision not to lay charges.

“I just want justice done,” she told the Mercury at the time.

Originally published as $12 million in damages awarded to Hobart bricklayer after devastating attack at Salamanca bar

Original URL: https://www.adelaidenow.com.au/news/tasmania/12-million-in-damages-awarded-to-hobart-bricklayer-after-devastating-attack-at-salamanca-bar/news-story/f4347d6f38f7820022064cf602c820fc