Coleman v Barrat

In *Coleman v Barrat*, the New South Wales Court of Appeal considered an appeal concerning liability for injuries caused by a dog under section 25 of the *Companion Animals Act 1998* (NSW). The dispute arose from an incident where the plaintiff sustained injuries indirectly as a result of the defendant's dog.

The primary legal issues before the Court of Appeal were whether the trial judge had erred in assessing the plaintiff's non-economic loss and, consequently, the total damages awarded. Specifically, the appeal questioned the quantum of damages for non-economic loss, with the appellant arguing it was assessed at an erroneously high proportion of a most extreme case.

The Court of Appeal reviewed the evidence and the trial judge's assessment of damages. It found that the award for non-economic loss was indeed excessive, having been calculated at 30% of a most extreme case. The Court applied the principles governing the assessment of damages for non-economic loss, considering the severity of the plaintiff's injuries and the relevant statutory provisions.

Ultimately, the Court of Appeal allowed the appeal in part. It reassessed the non-economic loss at 22% of a most extreme case and reduced the total verdict accordingly to $45,400, plus interest.