Yin v Sidhu

[2022] NSWDC 251

District Court

New South Wales

Medium Neutral Citation:

Yin v Sidhu [2022] NSWDC 251

Hearing dates:

28 and 29 June 2022

Date of orders:

8 July 2022

Decision date:

08 July 2022

Jurisdiction:

Civil

Before:

Judge Levy SC

Decision:

See paragraph [96] for orders

Catchwords:

ANIMALS – strict liability of defendant – defendant’s Rottweiler attacked the plaintiff and her dog: s 25(1) of the Companion Animals Act 1998 (NSW); DAMAGES – assessment of damages for plaintiff’s personal injury – assessment of plaintiff’s property damage claim for injury to plaintiff’s dog

Legislation Cited:

Civil Liability Act 2002 (NSW), s 16

Companion Animals Act 1998 (NSW), s 25(1)

Uniform Civil Procedure Rules 2005 (NSW), r 31.10(1)

Cases Cited:

Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13

Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; [1970] HCA 60

Penrith City Council v Parks [2004] NSWCA 201

State of NSW v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133

Category:

Principal judgment

Parties:

Zhuo Ling Yin (Plaintiff)
Sukhwant Singh Sidhu (Defendant)

Representation:

Counsel:
Mr D L Del Monte (Plaintiff)
Mr A Radojev (Defendant)

Solicitors:
Turner Freeman (Plaintiff)
P Williams and Company Lawyers (Defendant)

File Number(s):

2021/158148

Publication restriction:

None

Judgment

Table of Contents

Nature of case	[1]
Facts not in dispute	[2] – [7]
Evidence overview	[8] – [10]
Surveillance images obtained by defendant	[11]– [13]
Issues	[14]
Issue 1 – Credibility and reliability of testimony	[15] – [25]
Evidence of the plaintiff	[16] – [20]
Evidence of plaintiff’s son	[21]
Evidence of the defendant	[22] – [25]
Issue 2 – Findings on relevant matters of fact	[26] – [50]
Plaintiff’s background	[27] – [30]
Circumstances of injury	[31] – [34]
Treatment	[35] – [41]
Disabilities that remain	[42] – [47]
Work	[48]
Domestic tasks	[49]
Mitigation	[50]
Issue 3 – Assessment of damages	[51] – [93]
Non-economic loss	[52] – [59]
Past out-of-pocket expenses	[60] – [61]
Future domestic assistance	[62] – [68]
Future treatment expenses	[69] – [73]
Future canine treatment expenses	[74] – [92]
Summary of damages assessment	[93]
Disposition	[94]
Costs	[95]
Orders	[96]

Nature of case

1. These personal injury damages proceedings arise from an unprovoked dog attack on the plaintiff by the defendant’s 40-50kg Rottweiler. The plaintiff was attacked whilst walking on the footpath of a public street. After the dog attacked the plaintiff, it proceeded to also attack and maul the plaintiff’s dog, a small Bichon Frise poodle. The proceedings are governed by the liability provisions of the Companion Animals Act 1998 (NSW) (“CA Act”) and the damages provisions of the Civil Liability Act 2002 (NSW) (“CL Act”). The defendant accepts that he is liable to the plaintiff in damages for the consequences of that attack: s 25(1) of the CA Act.

Facts not in dispute

2. At about 6.00pm on Saturday 27 April 2019, the plaintiff, Zhuo Ling Yin, then aged 61 years, was walking on the footpath with her own dog on a leash, across the road…