New South Wales District Court ordered TPG Telecom to pay A$1,006,996.29 in damages after an assailant attacked a store worker with a makeshift blowtorch in Sydney.
The ruling establishes direct corporate liability for failing to deploy physical security guards at a shop recording five times the national network average for customer aggression.
The Incident at Macarthur Square
Proceedings stem from a November 22, 2019 assault on Vodafone store employee Damir Lepan at Campbelltown Macarthur Square. Lepan dealt with an aggressive customer who left the shop. The man returned several hours later carrying an aerosol deodorant can and a cigarette lighter.
The assailant ignited the spray into Lepan’s face, burning his head and arm. Debilitating psychiatric trauma prevented him from returning to work. Lepan sued TPG Telecom under the Workers Compensation Act 1997 for past and future economic losses, arguing the company breached its duty of care through inadequate physical security.
Flaws in Remote Monitoring Systems
TPG Telecom relied on an under-counter duress alarm connected to a remote monitoring centre. Offsite operators reviewed CCTV feeds before contacting emergency services or dispatching guards.
District Court Judge Paul Fitzsimmons rejected remote monitoring for high-risk retail sites. Evidence showed a 2017 incident at the store, where a customer threatened to slit an employee’s throat, took offsite security up to 15 minutes to respond. TPG Telecom national security manager Michael Jackson conceded during testimony that a uniformed guard deters attackers better than offsite cameras.
Legal Fallout for Store Operators
Court findings showed the Macarthur Square outlet was a clear statistical outlier across Vodafone’s national network, making violent encounters foreseeable. Fitzsimmons ruled that store workers were ill-equipped to manage hostile shoppers without dedicated onsite personnel.
Retail chains relying on remote electronic monitoring to cut costs face direct legal exposure. Landlords and retail operators across Australia risk liability if they fail to staff known problem locations with physical guards, regardless of existing alarm systems.
TPG Telecom introduced part-time guard coverage for four days across a two-week period following the 2019 attack. The A$1,006,996.29 award covers Lepan’s lost earnings, superannuation entitlements, and compensation tax liabilities.