Question 1
The North Melbourne Social Club argued that they were justified in making physical contact with Horkin’s body in order to prevent his continuing trespass on their property.
Question 2
The North Melbourne Social Club’s defence failed because they used an unreasonable amount of force to eject Horkin from their property. Escorting him through the door would have been reasonable. Throwing him out the door so that he dislocated his elbow was not reasonable.
