Shaun is a Brisbane Lions mens team supporter. He went to the AFL Men's Grand Final and sat in the Collingwood section. After Shaun said something rude about a Collingwood player, a Collingwood fan behind him threw a plastic bottle at him, which is the tort of battery. The same Collingwood fan, a James Pilchard III, said to Shaun that "he would find him and throw another bottle at him if Shaun sat in the Collingwood stand again. And it won't be plastic." Choose the best answer about the prospects of Shaun obtaining an injunction against anticipated assault and battery.
a. Shaun may apply for a Personal Safety Intervention Order, which is the new name for common law assault injunctions.
b. An injunction for this tort is unlikely because Shaun failed to mitigate the situation like a reasonable person and sit somewhere else.
c. An injunction for the tort of assault is unlikely as there is a strong presumption against injunctions for torts that protect bodily integrity: Parry v Crooks.
d. The Demons were robbed!



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