Meyers v Commissioner for Social Housing

Meyers appealed to the Court of Appeal of New South Wales against a decision of a single judge concerning a dog attack that occurred at a public housing complex. The appellant, Meyers, had been mauled by a dog at the complex and sought to establish liability against the Commissioner for Social Housing.

The central legal issues before the Court of Appeal were whether the Commissioner owed a duty of care to residents of the public housing complex in relation to the presence of a dangerous dog, and if so, whether that duty had been breached. The court also considered the scope of the Commissioner's statutory powers to seize dogs and how this might affect any finding of negligence.

The Court of Appeal upheld a notice of contention filed by the respondent. The court reasoned that the Commissioner, as the occupier of the land, did not owe a duty of care to the appellant in the circumstances of the dog attack. The court found that the Commissioner's statutory powers to seize dogs were not such that they created a positive duty to prevent harm from a tenant's dog. The appeal was therefore dismissed.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.