SA man awarded compo for bin assault

Two Adelaide newsagents have been ordered to pay $47,000 compensation to an elderly man they repeatedly punched, kicked and hit for using their industrial rubbish bin.

Raymond John Bassett, aged 71 at the time of the February 2011 assault, sued brothers Lui Marcelo Greco and Alejandro Greco, then 47 and 43, in the District Court for damages for personal injury.

Judge Paul Rice said there was a history of "verbal differences" between Mr Bassett and the brothers, who ran a newsagent at The Avenues Shopping Centre in Stepney.

"Broadly put, (Mr Bassett) regarded himself as entitled to deposit small amounts of rubbish in the industrial rubbish bins behind the centre," the judge said.

"The (Grecos), as business proprietors whose rent went towards payment for their use of such bins, had a different view."

The brothers previously pleaded guilty to assault, but no conviction was recorded and they were placed on an 18-month good behaviour bond.

"They are contrite and ashamed of their actions involving a much older man who was outnumbered two-to-one."

Judge Rice found that there was a "degree of animosity" between the parties before the assault occurred after Mr Bassett threw rubbish into the bin, narrowly missing one brother.

Contrary to Mr Bassett's evidence, the judge found he then used "vulgar and profane language" and advanced towards the much younger, shorter and heavier-set brothers.

"It was insulting and intended to be," he said, adding that this raised the ire of one or both brothers and resulted in the scuffle and assault, which were over quickly.

Mr Bassett's injuries included extensive bruising and a broken rib and he now suffered chronic and significant pain in his neck and moderate PTSD.

The judge rejected Mr Bassett's evidence that he now avoids going to the shopping centre if possible, instead finding that he goes there alone and stares at the brothers.