Coleman v Wood - [2016] NSWDC 360

District Court

New South Wales

Medium Neutral Citation: Coleman v Wood [2016] NSWDC 360
Hearing dates: 12 December 2016
Date of orders: 12 December 2016
Decision date: 12 December 2016
Jurisdiction: Civil
Before: Gibson DCJ
Decision:
Notations:
(1) The defendant called three times outside Court 4.1 at 10:30am – no appearance.
(2) The defendant called three times outside Court 4.1 at 11:30am – no appearance.
Orders:
(1) Judgment for the plaintiff for the sum of $105,564.80.
(2) Defendant pay plaintiff’s costs.
(3) Liberty to the defendant to apply in relation to costs by filing a notice of motion no later than Friday 3 February 2017, returnable in the 13 March 2017 sittings before Gibson DCJ in Newcastle.
(4) These orders to be entered onto JusticeLink forthwith and the plaintiff is to notify the defendant of these orders by letter served on her business address (whether the defendant is present or not) conformably with the orders of Balla DCJ made by 17 October 2016, such letter to be served no later than Friday 23 December 2016.
(5) A copy of Gibson DCJ’s judgment will be provided to the parties, by way of service in the manner prescribed by Balla DCJ.
(6) Exhibits retained for 28 days.
Catchwords: TORT – personal injury – plaintiff chased by defendant’s dogs while riding and suffers injury – defendant served but fails to attend court – judgment entered and orders for assessment of damages made – assessment of damages
Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 29.7
Cases Cited: Kingdon v Kirk (1887) 37 Ch D 141
Reece v Reece (1994) 19 MVR 103
Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365
Stone v Smith (1887) 35 Ch D 188
Varga v Galea [2011] NSWCA 76
Texts Cited: Ritchie's Uniform Civil Procedure NSW (LexisNexis)
Category: Principal judgment
Parties: Plaintiff: Deborah Margaret Coleman
Defendant: Leonie Wood
Representation:
Counsel:
Plaintiff: Mr P Kirby
Defendant: No appearance
Solicitors:
Plaintiff: Rankin Ellison Lawyers
Defendant: No appearance

File Number(s): 2015/366252
Publication restriction: None

Judgment

The plaintiff, by statement of claim filed on 9 December 2015, brings proceedings for damages arising out of the circumstances in which she was knocked off her bicycle by two unleashed terrier dogs while she was riding her bike in Sydney Park at St Peters in the State of New South Wales.
Before commencing a consideration of the circumstances of the accident, I shall first deal with the issue of the non‑appearance by the defendant before me today.
There is no issue that the defendant was served with the statement of claim and has failed to file a defence. As a result of the defendant's failure to participate in these proceedings by appearing or filing a defence, on 27 October 2016 Balla DCJ made the following orders:

Statement of Claim taken to have been served on the defendant on 20/1/16.

Order Default Judgment for the Plaintiff as against the Defendant.

List matter for Assessment Hearing in sittings commencing 5/12/16.

Plaintiff to notify…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Coleman v Wood

Details

AGLC: Coleman v Wood [2016] NSWDC 360
Case: [2016] NSWDC 360
Decision Date: 12 December 2016

CaseChat Overview and Summary

The case of Coleman v Wood involved a personal injury claim brought by the plaintiff against the defendant due to an incident where the plaintiff was injured while riding a horse and was chased by the defendant's dogs. The defendant did not attend the court proceedings despite being served and judgment was entered in favour of the plaintiff. The court was required to assess the damages owed to the plaintiff.

The primary legal issue before the court was the determination of the quantum of damages to be awarded to the plaintiff. The court had to consider the extent of the plaintiff's injuries and the impact of those injuries on his life. Additionally, the court had to decide on the appropriate costs to be borne by the defendant.

The court reasoned that the plaintiff had suffered significant injuries which had a considerable impact on his life. The injuries included physical harm and psychological trauma, both of which contributed to the overall assessment of damages. The court awarded the plaintiff $105,564.80 in damages and ordered the defendant to pay the plaintiff's costs. The defendant was granted liberty to apply in relation to costs by filing a notice of motion. The court also made specific orders regarding the service of judgment and the notification of the orders to the defendant.

The court's final orders included judgment for the plaintiff for the sum of $105,564.80, an order for the defendant to pay the plaintiff's costs, and provisions for the defendant to apply for costs. Additionally, the court ordered that the orders be entered onto JusticeLink and that the plaintiff notify the defendant of these orders. The exhibits were retained for 28 days, and a copy of the judgment was to be provided to the parties.

Orders

Orders of the court

Notations:

(1) The defendant called three times outside Court 4.1 at 10:30am – no appearance.

(2) The defendant called three times outside Court 4.1 at 11:30am – no appearance.

Orders:

(1) Judgment for the plaintiff for the sum of $105,564.80.

(2) Defendant pay plaintiff’s costs.

(3) Liberty to the defendant to apply in relation to costs by filing a notice of motion no later than Friday 3 February 2017, returnable in the 13 March 2017 sittings before Gibson DCJ in Newcastle.

(4) These orders to be entered onto JusticeLink forthwith and the plaintiff is to notify the defendant of these orders by letter served on her business address (whether the defendant is present or not) conformably with the orders of Balla DCJ made by 17 October 2016, such letter to be served no later than Friday 23 December 2016.

(5) A copy of Gibson DCJ’s judgment will be provided to the parties, by way of service in the manner prescribed by Balla DCJ.

(6) Exhibits retained for 28 days.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Full text does not contain this section.

Medium Neutral Citation:	Coleman v Wood [2016] NSWDC 360
Hearing dates:	12 December 2016
Date of orders:	12 December 2016
Decision date:	12 December 2016
Jurisdiction:	Civil
Before:	Gibson DCJ
Decision:	Notations: (1) The defendant called three times outside Court 4.1 at 10:30am – no appearance. (2) The defendant called three times outside Court 4.1 at 11:30am – no appearance. Orders: (1) Judgment for the plaintiff for the sum of $105,564.80. (2) Defendant pay plaintiff’s costs. (3) Liberty to the defendant to apply in relation to costs by filing a notice of motion no later than Friday 3 February 2017, returnable in the 13 March 2017 sittings before Gibson DCJ in Newcastle. (4) These orders to be entered onto JusticeLink forthwith and the plaintiff is to notify the defendant of these orders by letter served on her business address (whether the defendant is present or not) conformably with the orders of Balla DCJ made by 17 October 2016, such letter to be served no later than Friday 23 December 2016. (5) A copy of Gibson DCJ’s judgment will be provided to the parties, by way of service in the manner prescribed by Balla DCJ. (6) Exhibits retained for 28 days.
Catchwords:	TORT – personal injury – plaintiff chased by defendant’s dogs while riding and suffers injury – defendant served but fails to attend court – judgment entered and orders for assessment of damages made – assessment of damages
Legislation Cited:	Uniform Civil Procedure Rules 2005 (NSW), r 29.7
Cases Cited:	Kingdon v Kirk (1887) 37 Ch D 141 Reece v Reece (1994) 19 MVR 103 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Stone v Smith (1887) 35 Ch D 188 Varga v Galea [2011] NSWCA 76
Texts Cited:	Ritchie's Uniform Civil Procedure NSW (LexisNexis)
Category:	Principal judgment
Parties:	Plaintiff: Deborah Margaret Coleman Defendant: Leonie Wood
Representation:	Counsel: Plaintiff: Mr P Kirby Defendant: No appearance Solicitors: Plaintiff: Rankin Ellison Lawyers Defendant: No appearance
File Number(s):	2015/366252
Publication restriction:	None