The Canberra Times has the unfortunate news that Cube stabbing case is going back to court despite Justice Malcolm Grey finding last March that the club owner Maurizio Rao acted in self defence when David Nato Seuala received fatal stab wounds outside the Cube nightclub at 4.30 in the morning on 15 July 2006.
Seula’s partner and mother of his two children, Patricia Soledad Gaete, is trying to see if the civil courts will compensate where the criminal court would not convict.
- But Ms Gaete’s lawyers Blumers claim the club was responsible for Mr Seuala’s death for allowing Mr Rao, who they claim is technically an employee of holding company XL Enterprises, to brawl with patrons or prospective patrons.
Blumers also claim that XL failed to provide a safe entertainment venue, failed to train its security staff properly and allowed one of them to carry a knife.
Lawyers for XL have lodged a defence with the court, denying any negligence or liability for Mr Seuala’s death.
XL’s lawyers Deacons further allege that it was Mr Seuala’s negligence that resulted in his own death and that he was engaging in illegal activity when he instigated the fight.
One would hope that, having refused the gentlemen entry, XL’s requirement to provide them with a safe entertainment would be moot.
I’m just guessing here, but I’d imagine that Blumers have taken this case on a contingency basis. Anyone want to speculate what percentage of any final payment they’re going to walk away with.