GWS midfielder Toby Greene leaves the Melbourne Magistrates Court in 2014. Picture: Mark Stewart
GWS midfielder Toby Greene leaves the Melbourne Magistrates Court in 2014. Picture: Mark Stewart

GWS player Toby Greene sued over pub brawl

GREATER Western Sydney player Toby Greene is being sued over a drunken pub brawl that has left a security guard depressed and too injured to work almost five years on.

Security officer Terrence Payne, 50, has launched legal action over the 2014 assault during which Greene, 25, and a mate dragged him down the stairs and repeatedly kicked and punched him at a Caulfield restaurant.

Mr Payne had attempted cut them off at the Zagame's bar in March 2014, before the All-Australian launched a violent assault that included "headlock manoeuvre using legs".

Court documents filed in the County Court last month stated Mr Payne was "repeatedly punched and kicked, struck with a crutch and pushed to the ground" by the men.

The Giants midfielder pleaded guilty to assault in the Melbourne Magistrates' Court and was fined $2500 without conviction.

Greene in action for the Giants. Picture: Brendon Thorne/AAP
Greene in action for the Giants. Picture: Brendon Thorne/AAP

Magistrate Franz Holzer said at the time that the stigma of the violent attack would stick with Greene.

"Whether you like it or not ... this sort of behaviour is intolerable," Mr Holzer said.

The former security officer told the court in 2014 one more kick to the head and "I could've been dead".

Now he is suing Greene and his school friend, Balwyn Tigers' player Charles Haley, as well as his security employer and Zagame Corporation for loss and damages, claiming he still suffers from post-traumatic stress and depression caused by the incident.

Charles Haley outside court in 2014. Picture: Mark Stewart
Charles Haley outside court in 2014. Picture: Mark Stewart

At the time of the assault Mr Payne was earning almost $50,000 a year working full-time, but due to his injuries - which include a broken finger that required surgery - he has been unable to return to work.

He is suing for loss of future earnings up until the age of 67 and medical costs, the statement of claim reveals.

His employer, Secure Melbourne Protective Services, has hit back and claimed Mr Payne should not have let the drunk men into the restaurant to begin with.

In their defence response, the company claims Mr Payne was negligent in failing to ask the men to leave and prevent them from obtaining more alcoholic beverages.

They also claim the guard was negligent when he attempted to grab a drink from Greene's hands as he was leaving the restaurant.

Greene has played 140 games for GWS.