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ICBM slugged $130k for beating up a punter

By johnboy - 29 October 2012 32

The Supreme Court’s Justice Sidis has found for Sharon Hopps in her action against the owners of the ICBM night club who could neither find the responsible security guard, nor turn up to court.

In this matter, the plaintiff claimed that in the early hours of 23 May 2009 she was assaulted by a security guard on licensed premises operated by the first and third defendants under the name ICBM in Northbourne Avenue, Canberra, in the Australian Capital Territory.

The claim was brought against the first and third defendants as occupiers and operators of the premises and against the third defendant as the employer of the security guard. The proceedings were commenced on 20 July 2011 and duly served on the first and third defendants. The security guard was initially named as a party but the plaintiff was unable to locate him and he was not served. Proceedings against him were discontinued on 14 August 2012.

In the absence of appearance or the filing of any defence, default judgment was entered against the remaining defendants on 27 June 2012 for damages, costs and interest to be assessed. The parties were notified by the Registrar on 14 September 2012 that the matter was to be listed before the court today. The defendants were called at 11 am, the listing time, three times and there was no appearance on their part. In the absence of any communication with the court by the first or third defendants, I acceded to the plaintiff’s request to proceed with an assessment of her claim.

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32 Responses to
ICBM slugged $130k for beating up a punter
Masquara 7:29 pm 30 Oct 12

johnboy said :

Kiron2222 said :

Is that supposed to be a good thing? Mooseheads and ICBM are both the lowest common denominator of Nightlife culture. They are both, by far, the worst nightclubs in this city.

Big call. There’s some real competition out there.

But we’re not going to do a worst night club in Canberra thread if only because night club owners get very pissy about that sort of thing.

Should I not post a caricature of Mohammed either then?

NoImRight 6:03 pm 30 Oct 12

Tetranitrate said :

NoImRight said :

ICBM will cease to be and a new name will appear. The new owners will have close links with the old but not close enough to be liable for this.

That doesn’t get the present owner off the hook though, and assets transferred or otherwise disposed of just prior to bankruptcy can be clawed back by the courts. There’ll be many a day in court ahead but given they’ve come this far I doubt the plaintiff will be giving up anytime soon.

Yes night club owners/managers would have no experience in preparing for bankruptcy or hiding assets. The “present owner” will prove to have an array of companies that hold, somehow, no assets or income. Failing to appear was not an indication of indifference to the outcome it was just some wacky oversight.

XO_VSOP 5:56 pm 30 Oct 12

NoImRight said :

ICBM will cease to be and a new name will appear. The new owners will have close links with the old but not close enough to be liable for this.

Your onto it, pretty creative the old ICBM/North/Meche owners 🙂 or maybe this time they will suffer in their jocks

voytek3 5:24 pm 30 Oct 12

Tetranitrate said :

Kiron2222 said :

Tetranitrate said :

Personally I used to think it was a bit of a joke, but I was always more the mooseheads sort anyway.

Is that supposed to be a good thing? Mooseheads and ICBM are both the lowest common denominator of Nightlife culture. They are both, by far, the worst nightclubs in this city.

I’d suggest that both Shooters and Academy are much worse.
Obviously it’s trashy but when you’re a uni student and all your mates are out it’s not hard to have a good time.
Also the Thursday night crowd really was overwhelmingly uni students in 06/07/08. Hour of power with $1 drinks and whatnot… good times.

Arguing over what horrendous club is the worst. Cant we all agree that they are all equally as bad?

Tetranitrate 5:10 pm 30 Oct 12

NoImRight said :

ICBM will cease to be and a new name will appear. The new owners will have close links with the old but not close enough to be liable for this.

That doesn’t get the present owner off the hook though, and assets transferred or otherwise disposed of just prior to bankruptcy can be clawed back by the courts. There’ll be many a day in court ahead but given they’ve come this far I doubt the plaintiff will be giving up anytime soon.

Tetranitrate 5:08 pm 30 Oct 12

Kiron2222 said :

Tetranitrate said :

Personally I used to think it was a bit of a joke, but I was always more the mooseheads sort anyway.

Is that supposed to be a good thing? Mooseheads and ICBM are both the lowest common denominator of Nightlife culture. They are both, by far, the worst nightclubs in this city.

I’d suggest that both Shooters and Academy are much worse.
Obviously it’s trashy but when you’re a uni student and all your mates are out it’s not hard to have a good time.
Also the Thursday night crowd really was overwhelmingly uni students in 06/07/08. Hour of power with $1 drinks and whatnot… good times.

Henry82 4:54 pm 30 Oct 12

Am i surprised? Not at all

Will she get the money? I doubt it.

johnboy 4:50 pm 30 Oct 12

Kiron2222 said :

Is that supposed to be a good thing? Mooseheads and ICBM are both the lowest common denominator of Nightlife culture. They are both, by far, the worst nightclubs in this city.

Big call. There’s some real competition out there.

But we’re not going to do a worst night club in Canberra thread if only because night club owners get very pissy about that sort of thing.

Kiron2222 4:47 pm 30 Oct 12

Tetranitrate said :

Personally I used to think it was a bit of a joke, but I was always more the mooseheads sort anyway.

Is that supposed to be a good thing? Mooseheads and ICBM are both the lowest common denominator of Nightlife culture. They are both, by far, the worst nightclubs in this city.

NoImRight 4:43 pm 30 Oct 12

ICBM will cease to be and a new name will appear. The new owners will have close links with the old but not close enough to be liable for this.

liability 3:51 pm 30 Oct 12

I could be wrong, but is this the incident where the woman was in a toilet cubicle and the security guard pushed the door open, hitting her?

I am somewhat surprised that there isn’t an insurer involved, who should have filed a defence, etc. and made an appearance.

The problem with a lot of default judgementswhere there is not an insurer involved is that it is quite a pain to get the money out of the defendant/s. Without knowing anything about the defendant’s financial situation it may take the plaintiff forever and a day to actually get some money in her hand, if she ever does.

Tetranitrate 3:31 pm 30 Oct 12

XO_VSOP said :

The owners didn’t show up? Just like her money wont!

She’ll be able to get garnish orders and the like. I do believe they’re quite screwed now.

There’s always been something wrong with ICBM and the way it was run: security was always unnecessarily aggressive and used to do stupid things like turf out random guys for no reason and deliberately trying to break up mixed groups trying to enter (ie: ‘durr girls can come in but you guys look too drunk). Not to mention more generally telling people they were too drunk at the door when they hadn’t had a drink at all. Personally I used to think it was a bit of a joke, but I was always more the mooseheads sort anyway.

I don’t go out much now, but did a fair bit from about 2006-2010 and never ever had any trouble at any other bars or clubs yet would occasionally be asked to leave ICBM, once because apparently my hair was too long. (only went there in the first place because lots of people from the college I was at did).
I just laughed and went elsewhere, but I’d imagine this sort of rubbish is why things like:
http://the-riotact.com/bombs-detonated-in-two-canberra-nightclubs/37871
happen.

It wouldn’t surprise me if this judgement is the end of the place, though given they didn’t bother to show up to court perhaps that’s immanent anyway. Good riddance either way.

Comic_and_Gamer_Nerd 2:51 pm 30 Oct 12

Great news.

shirty_bear 2:47 pm 30 Oct 12

Isn’t that the old Private Bin? What a fantastic achievement, to make the Bin look like it was a classy joint. Congrats to all concerned.

Does the floor in there still feel like it’s been recently painted with Clag glue?

XO_VSOP 10:33 am 30 Oct 12

The owners didn’t show up? Just like her money wont!

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