Saad v Fares [2015] NSWCA 385

Saad v Fares [2015] NSWCA 385

The primary judge failed to provide adequate reasons for serious adverse findings, including that all defence witnesses fabricated evidence, thereby denying the parties and court a sufficient basis to understand or review the decision; as such, the judgments and orders must be set aside and the proceedings remitted for retrial on all issues, including liability and quantum.

Jurisdiction
Australia
Judgment Date
04 December 2015
Procedural Posture
Appeal / Determination of Appeal, Leave to Appeal Granted and Retrial Ordered
Outcome
Appeal allowed; judgments and orders set aside; matter remitted for retrial; costs of the appeal to be parties' costs of remitted proceedings at first instance.
Legal Topics
['personal Injury' 'statutory Liability for Bodily Injury Caused by Animals' "occupiers' Liability" 'negligence' 'obligation to Give Reasons' 'civil Appeals']
['tort Law' 'civil Procedure'] ['personal Injury' 'statutory Liability for Bodily Injury Caused by Animals' "occupiers' Liability" 'negligence' 'obligation to Give Reasons' 'civil Appeals']

Case Brief

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Procedural Posture

Appeal / Determination of Appeal, Leave to Appeal Granted and Retrial Ordered

Legal Issues

  1. 1 ["Whether the primary judge failed to give adequate reasons for accepting/rejecting the parties' evidence" 'Whether findings of fabrication/perjury of defence witnesses were justified without reasons' 'Whether judgments in favour of respondents should be set aside and proceedings remitted for retrial' 'Whether liability for injury caused by dogs under Companion Animals Act 1998 (NSW), s 25, was established' 'Whether claim against occupier (Fadi/Donna) could be sustained in negligence']

Ratio Decidendi

The primary judge failed to provide adequate reasons for serious adverse findings, including that all defence witnesses fabricated evidence, thereby denying the parties and court a sufficient basis to understand or review the decision; as such, the judgments and orders must be set aside and the proceedings remitted for retrial on all issues, including liability and quantum.

Court Disposition

Appeal allowed; judgments and orders set aside; matter remitted for retrial; costs of the appeal to be parties' costs of remitted proceedings at first instance.

Orders

  • ['Grant leave to appeal against the judgments obtained by the second, third, fourth and fifth respondents.' 'Appeal allowed.' 'The verdicts and judgments entered on 24 June 2014 in favour of each of the respondents, and any orders as to costs, be set aside.' 'Each proceeding be remitted to the District Court for...