Bush Bungalows Pty Ltd is a Perth-based boutique hotel business which operates a hotel in City Beach. At 5:00pm on 4 April 2022, the hotel manager, Camilla Kaybello, witnessed a very drunk patron, Ben Wright, become aggressive at the bar after watching his favorite football team lose their premiership match. The bar manager, Shaun Mendleson, asked Ms Kaybello whether he should not serve Ben any more alcohol. Ms Kaybello told Shaun to allow Ben to keep drinking, as cutting him off would just anger him more.

Two hours later, at 8:00pm, a new patron named Paul Isaac, had just checked in at the hotel and decided to head down to the bar for a quick drink before going to bed. The door to the men's bathroom was right next to the bar entrance. Paul was on his phone as he entered through the entrance. Just as Paul entered, Ben emerged from the bathroom and the two bumped into each other. Ben, who had still been drinking, became visibly angry and threatened to punch Paul. Paul apologised and offered to buy Ben a drink. Ben's drunken anger was out of control and he punched Paul in the head. Paul dropped to the ground, unconscious. Ben's friends apprehended him and took him outside.

****Using the IRAC method,***

advise Paul of whether he has a case against Bush Bungalows Pty Ltd for negligence. If so, does Bush Bungalows have any defences available? Ensure you refer to relevant sections of the Civil Liability Act 2002 (WA) and the Liquor Control Act 1988 (WA) in your answer.

https://www.legislation.wa.gov.au/legislation/prod/filestore.nsf/FileURL/mrdoc_41135.pdf/$FILE/Civil%20Liability%20Act%202002%20-%20%5B04-g0-01%5D.pdf?OpenElement

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/nsw/NSWCA/2007/29.html?stem=0&synonyms=0&query=spedding%20v%20nobles