District Court
New South Wales
Medium Neutral Citation: Meimaropoulos v Cheum [2014] NSWDC 26 Hearing dates: 28 - 31 January, 7 February 2014 Decision date: 27 March 2014 Jurisdiction: Civil Before: Gibson DCJ Decision: (1) Judgment for the plaintiff for $28,458.77.
(2) Costs reserved with liberty to apply, to be exercised in 28 days.
(3) Exhibits retained for 28 days.
Catchwords: TORT - personal injury - plaintiff falls on a public street when a dog runs around and jumps up on her - Companion Animals Act 1998 (NSW) - whether defendants "owners" - whether dog was "attacking" (s 25(1)) - contributory negligence - damages - causation Legislation Cited: Civil Liability Act 2002 (NSW), s 16
Companion Animals Act 1998 (NSW), ss 7, 25 and 28
Dog Act 1966 (NSW), s 4(2)
Uniform Civil Procedure Rules 2005 (NSW), r 42.35Cases Cited: Coleman v Barrat [2004] NSWCA 27
Crump v Sharah t/as Sharah Henville & Co [1999] NSWSC 884
Czatyrko v Edith Cowan University [2005] 79 ALJR 839
Dybka v McKenzie [2002] NSWCA 171
Hatch v Wood-Davies [2006] NSWDC 96
Knight v Tassal Ltd (Supreme Court of Tasmania, Wright J, 18 August 1993)
Makita (Aust) Pty Ltd v Sprowles (2001) 52 NSWLR 705
Mason v Demasi [2009] NSWCA 227
McGlen-McLeod v Galloway [2012] NSWCA 388
Penfold v Betteridge [2011] NSWDC 146
Porter v Cook [1971] 1 NSWLR 318
Reece v Reece (1994) 19 MVR 103
Riley v The Owners of Strata Plan 73817 [2012] NSWCA 410
Sarkis v Morrison (2013) 64 MVR 433
The Nominal Defendant v Kostic [2007] NSWCA 14
Simon v Condran [2013] NSWCA 388
Varga v Galea [2011] NSWCA 76
Zappia v Allsop [1994] NSWCA 355Texts Cited: - Category: Principal judgment Parties: Plaintiff: Antonia Meimaropoulos
First Defendant: Sorn Cheum
Second Defendant: Muy Lim Hay
Third Defendant: Heang LayRepresentation: Plaintiff: Ms E Welsh
Defendants: Mr A M Gruzman
Plaintiff: Brydens Compensation Lawyers
Defendants: Di Lizio & Associates
File Number(s): 2011/36909 Publication restriction: None
Judgment
Introduction
The plaintiff brings proceedings for damages arising out of an incident on 30 August 2008, when she fell from a footpath onto the gutter following an attack by the defendants' dog. The claim is brought under the CompanionAnimals Act 1998 (NSW) ("the Act") only, a claim for negligence under the Civil Liability Act 2002 (NSW) having been abandoned in closing submissions.
The plaintiff and the defendants are neighbours, living in the same street in Hinchinbrook, a suburb of Sydney. On Saturday 30 August 2008, the plaintiff, a 68-year-old pensioner, was walking to the shops along the suburban street in which she lived, which entailed passing by the defendants' home. The defendants, like many other residence in the area, kept dogs; the sight of other residents walking their dogs was a familiar one to the plaintiff, and she had no particular fear of dogs herself.
As the walked past the defendants' home, a dog described as "small and fluffy" ran towards her barking, having burrowed under the gate to the high fence…
Continue reading Meimaropoulos v Cheum
Sign in free to access the full text
- AGLC
- Meimaropoulos v Cheum [2014] NSWDC 26
- Case
- [2014] NSWDC 26
- Decision Date
CaseChat Overview and Summary
The court first addressed whether the defendants were the "owners" of the dog, a determination crucial for establishing liability under the Act. It was established that the defendants were indeed the owners of the dog. The court then considered whether the dog was "attacking" the plaintiff at the time of the incident. The court concluded that the dog was not attacking the plaintiff but was rather exhibiting playful behaviour. However, because the dog's actions caused the plaintiff to fall and sustain injuries, the defendants were held liable under the Act. The court also found that the plaintiff was contributorily negligent, reducing her damages by 10%.
After assessing the evidence regarding the plaintiff's injuries and the defendants' liability, the court awarded the plaintiff damages of $28,458.77, reflecting the reduction for contributory negligence. The court reserved the issue of costs with liberty to apply, to be exercised within 28 days. Additionally, the exhibits were retained for 28 days to allow for any potential application for costs. This comprehensive approach ensured that all aspects of the dispute were thoroughly examined and appropriately resolved.
Orders
Orders of the court
(1) Judgment for the plaintiff for $28,458.77.
(2) Costs reserved with liberty to apply, to be exercised in 28 days.
(3) 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.