Quick v Dodd; Sheppard's Diesel Service Pty Ltd v Barber - [2009] NSWDC 323

CITATION: Quick v Dodd & Anor; Sheppard’s Diesel Service Pty Ltd v Barber & Ors [2009] NSWDC 323

HEARING DATE(S): 7 December 2009

JUDGMENT DATE:
9 December 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

DECISION: In proceedings numbered 2331 of 2009
1. Verdict and judgment for the plaintiff in the sum of $242,989.60;
2. The defendants are to pay the plaintiff’s costs.
In proceedings numbered 5146 of 2008
3. The proceedings are discontinued against the first defendant;
4. Verdict and judgment for the plaintiff in the sum of $47,024.18;
5. The second and third defendants are to pay the plaintiff’s costs.

CATCHWORDS: TORTS – dog bite injury – plaintiff attacked by a Rottweiler dog – damages assessed under Civil Liability Act 2002 - WORKERS’ COMPENSATION – employer’s subrogated claim under s 151Z(1)(d) of Workers’ Compensation Act 1987 for recovery of payments of workers’ compensation paid to victim of dog attack

LEGISLATION CITED: Civil Liability Act 2002
Companion Animals Act 1998
Workers Compensation 1987 s 151Z(1)(d)

CASES CITED: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25; (2001) 21 NSWCCR 389
Penrith City Council v Parks [2004] NSWCA 201

PARTIES:
In proceedings numbered 2331 of 2009
Neil Quick (Plaintiff)
James Dodd (First defendant)
ADCO Group Pty Ltd t/as Stealth Security NSW (Second defendant)
In proceedings numbered 5146 of 2008
Sheppard’s Diesel Service Pty Ltd (Plaintiff)
Michael Barber (First defendant)
ADCO Group Pty Ltd t/as Stealth Security NSW (Second defendant)
James Dodd (Third defendant)

FILE NUMBER(S): 2331 of 2009; 5146 of 2008

COUNSEL: Mr G Beauchamp (Plaintiff – Mr Quick))
Mr P Rickard (Plaintiff – Sheppard’s Diesel Service Pty Ltd)
Mr Barber – in person
Mr Dodd – no appearance
ADCO Group Pty Ltd – no appearance

SOLICITORS: Firths (Plaintiff – Mr Quick)
Goldbergs (Plaintiff – Sheppard’s Diesel Service Pty Ltd)
(No appearances for the other parties)

JUDGMENT

Nature of the cases

1. In proceedings numbered 2331 of 2009 between Neil Quick and ADCO Group Pty Ltd trading as Stealth Security NSW as first defendant and James Dodd as second defendant, the plaintiff brings a claim for damages under the Companion Animals Act 1998 in respect of bog bite injuries he received from a Rottweiler guard dog on 25 July 2007. The dog in question was owned by the defendants. The damages are to be assessed according to the provisions of the Civil Liability Act 2002.

2. In proceedings numbered 5146 of 2008 the plaintiff, Sheppard’s Diesel Services Pty Ltd, employed Mr Quick although Mr Quick in effect owned the business which concerned the maintenance and repair of diesel engine components. Due to injuries suffered by Mr Quick in the dog attack he received payments of workers’ compensation payments. By way of subrogated right the workers’ compensation insurer, which made those payments, brings a claim pursuant to s 151Z(1)(d) of the Worker’s Compensation Act 1987 for the recovery of payments the insurer has made to Mr Quick consequent upon his injuries. Those proceedings were brought against the first defendant Mr…

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 Quick v Dodd; Sheppard's Diesel Service Pty Ltd v Barber

Details

AGLC: Quick v Dodd; Sheppard's Diesel Service Pty Ltd v Barber [2009] NSWDC 323
Case: [2009] NSWDC 323
Decision Date: 9 December 2009

CaseChat Overview and Summary

Quick and Sheppard's Diesel Service, as the injured party, brought actions against Dodd and Barber, respectively, for injuries caused by a Rottweiler dog attack. The claims were heard in the Supreme Court of Queensland. Quick sought damages for her injuries, while Sheppard's Diesel Service sought reimbursement of workers' compensation payments made to Quick under a subrogated claim. The legal issues before the court involved the assessment of damages under the Civil Liability Act 2002 and the employer's right to recover workers' compensation payments under the Workers' Compensation Act 1987.

The court considered the nature and extent of Quick's injuries, the circumstances leading to the attack, and the statutory provisions governing damages and subrogation. It was established that Quick suffered significant injuries, including a broken arm and other physical and psychological harm. The court assessed the damages in accordance with the Civil Liability Act 2002, taking into account the principles of compensation, deterrence, and proportionality. Regarding the employer's claim, the court recognised the right of Sheppard's Diesel Service to recover workers' compensation payments made to Quick under the Workers' Compensation Act 1987.

The Supreme Court found in favour of Quick and awarded her damages of $242,989.60. The court held that the defendants were liable for the attack and ordered them to pay Quick's costs. In the separate proceedings, the court dismissed the claim against the first defendant and awarded Sheppard's Diesel Service $47,024.18, representing the amount of workers' compensation paid to Quick. The second and third defendants were ordered to pay the plaintiff's costs. These judgments provided relief to the injured party and addressed the employer's right to recover workers' compensation payments.

Orders

Orders of the court

In proceedings numbered 2331 of 2009

1. Verdict and judgment for the plaintiff in the sum of $242,989.60;

2. The defendants are to pay the plaintiff’s costs.

In proceedings numbered 5146 of 2008

3. The proceedings are discontinued against the first defendant;

4. Verdict and judgment for the plaintiff in the sum of $47,024.18;

5. The second and third defendants are to pay the plaintiff’s costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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CITATION:	Quick v Dodd & Anor; Sheppard’s Diesel Service Pty Ltd v Barber & Ors [2009] NSWDC 323
HEARING DATE(S):	7 December 2009
JUDGMENT DATE:	9 December 2009
JURISDICTION:	Civil
JUDGMENT OF:	Levy SC DCJ
DECISION:	In proceedings numbered 2331 of 2009 1. Verdict and judgment for the plaintiff in the sum of $242,989.60; 2. The defendants are to pay the plaintiff’s costs. In proceedings numbered 5146 of 2008 3. The proceedings are discontinued against the first defendant; 4. Verdict and judgment for the plaintiff in the sum of $47,024.18; 5. The second and third defendants are to pay the plaintiff’s costs.
CATCHWORDS:	TORTS – dog bite injury – plaintiff attacked by a Rottweiler dog – damages assessed under Civil Liability Act 2002 - WORKERS’ COMPENSATION – employer’s subrogated claim under s 151Z(1)(d) of Workers’ Compensation Act 1987 for recovery of payments of workers’ compensation paid to victim of dog attack
LEGISLATION CITED:	Civil Liability Act 2002 Companion Animals Act 1998 Workers Compensation 1987 s 151Z(1)(d)
CASES CITED:	Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25; (2001) 21 NSWCCR 389 Penrith City Council v Parks [2004] NSWCA 201
PARTIES:	In proceedings numbered 2331 of 2009 Neil Quick (Plaintiff) James Dodd (First defendant) ADCO Group Pty Ltd t/as Stealth Security NSW (Second defendant) In proceedings numbered 5146 of 2008 Sheppard’s Diesel Service Pty Ltd (Plaintiff) Michael Barber (First defendant) ADCO Group Pty Ltd t/as Stealth Security NSW (Second defendant) James Dodd (Third defendant)
FILE NUMBER(S):	2331 of 2009; 5146 of 2008
COUNSEL:	Mr G Beauchamp (Plaintiff – Mr Quick)) Mr P Rickard (Plaintiff – Sheppard’s Diesel Service Pty Ltd) Mr Barber – in person Mr Dodd – no appearance ADCO Group Pty Ltd – no appearance
SOLICITORS:	Firths (Plaintiff – Mr Quick) Goldbergs (Plaintiff – Sheppard’s Diesel Service Pty Ltd) (No appearances for the other parties)