Ray v Southon

Case [2022] NSWCA 267


Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Ray v Southon [2022] NSWCA 267
Hearing dates: 7 November 2022
Date of orders: 16 December 2022
Decision date: 16 December 2022
Before: Ward P at [1]
Griffiths AJA at [2]
Harrison J at [3]
Decision:

Appeal dismissed with costs

Catchwords:

TORTS – assault during domestic relationship – where appellant pushed respondent – where respondent fell and struck her head on a coffee table – where appellant claims to have acted in self-defence – whether trial judge erred in rejecting appellant’s evidence concerning his relationship with respondent as irrelevant to the issue of self-defence – whether trial judge erred in concluding that appellant did not act in self-defence – whether trial judge erred in finding appellant had “intent to cause injury” and that Civil Liability Act 2002 (NSW), s 3B(1) did not apply

DAMAGES – assessment – past and future domestic assistance – whether medical practitioner qualified by respondent lacked expertise to express opinions on her need for domestic assistance – whether trial judge erred by failing to give sufficient reasons for award of damages

Legislation Cited:

Civil Liability Act 2002 (NSW), s 3B

Evidence Act 1995 (NSW), ss 55, 135

Cases Cited:

Boral Bricks Pty Ltd v Cosmidis [2013] NSWCA 443

Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc (2020) 103 NSWLR 658; [2020] NSWCA 294

Elias v R [2006] NSWCCA 365

R v Anderson (2000) 111 A Crim R 19; [2000] VSCA 16

R v Castaneda [2015] NSWSC 964

R v Hutchison & Wilkinson [2018] NSWSC 1759

R v Toki (No 3) (2000) 116 A Crim R 536; [2000] NSWSC 999

Sampco Pty Ltd v Wurth [2015] NSWCA 117

Southon v Ray [2022] NSWDC 32

Top Hut Banoon Pastoral Co Pty Ltd t/a Trustee for the Wakefield Family Trust v Walker [2021] NSWCA 296

Category:Principal judgment
Parties: Christopher Ray (Appellant)
Sharon Southon (Respondent)
Representation:

Counsel:
M J Davis (Appellant)
R de Meyrick (Respondent)

Solicitors:
Fern Lawyers (Appellant)
CBD Law Pty Ltd (Respondent)
File Number(s): 2022/83330
Publication restriction: Nil
 Decision under appeal 
Court or tribunal:
District Court of New South Wales
Jurisdiction:
Civil
Citation:

[2022] NSWDC 32

Date of Decision:
24 February 2022
Before:
Abadee DCJ
File Number(s):
2020/189352

HEADNOTE

[This headnote is not to be read as part of the judgment]

The appellant and the respondent lived in a de facto relationship for about 17 years until August 2017. At the date of the incident, the respondent was 52 and the appellant was 33. The respondent alleged that on the 17th of that month she was assaulted by the appellant in their home at Kariong when he grabbed and shook her and pushed her, causing her to fall back and strike her head on a coffee table.

The appellant was interviewed at Mudgee Police Station the following morning. He said that on the morning in question he had packed his bags and was ready to leave for three nights. The…

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AGLC
Ray v Southon [2022] NSWCA 267
Case
[2022] NSWCA 267
Decision Date

CaseChat Overview and Summary

The appeal concerned an altercation between the appellant, Mr. Ray, and the respondent, Ms. Southon, who were in a domestic relationship. Mr. Ray pushed Ms. Southon, causing her to fall and strike her head on a coffee table. Mr. Ray contended that his actions were in self-defence. The primary judge rejected this defence and found Mr. Ray liable for assault. The appeal was heard by Ward P, Griffiths AJA, and Harrison J.

The central legal issues before the Court of Appeal were whether the trial judge erred in: (1) rejecting evidence concerning the nature of the parties' relationship as irrelevant to the issue of self-defence; (2) concluding that Mr. Ray did not act in self-defence; (3) finding that Mr. Ray had the "intent to cause injury" such that section 3B(1) of the *Civil Liability Act 2002* (NSW) did not apply; and (4) failing to provide sufficient reasons for the award of damages, particularly concerning the need for past and future domestic assistance, and whether a medical practitioner's opinion on this need was admissible.

The Court of Appeal found no error in the trial judge's reasoning. It held that the nature of the domestic relationship was not irrelevant to self-defence, but that the trial judge had properly considered it and ultimately found it did not support the claim of self-defence. The court affirmed the trial judge's conclusion that Mr. Ray had not acted in self-defence, noting that the evidence did not establish a reasonable apprehension of harm or a reasonable response. Furthermore, the court agreed that Mr. Ray's actions demonstrated an intent to cause injury, thus precluding the application of section 3B(1) of the *Civil Liability Act 2002* (NSW). Regarding damages, the court found the medical practitioner's evidence was properly admitted and that the trial judge had provided adequate reasons for the award of domestic assistance.

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

Orders

Orders of the court

Appeal dismissed with 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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