Meimaropoulos v Cheum [2014] NSWDC 26

Meimaropoulos v Cheum [2014] NSWDC 26

All three defendants were 'owners' of the dogs under s 7(1)(b) of the Companion Animals Act 1998 (NSW). The dog in question ran around and jumped up on the plaintiff, which constituted an 'attack' under s 25, causing the plaintiff to fall and suffer injury. The plaintiff was contributorily negligent by stepping backwards without looking, warranting a reduction of damages by 15%. Judgment was entered for the plaintiff for damages limited to proven physical injuries (mainly the shoulder injury), with most psychological/psychiatric complaints found unrelated to the accident.

Parties
Plaintiff: Antonia Meimaropoulos; First Defendant: Sorn Cheum; Second Defendant: Muy Lim Hay; Third Defendant: Heang Lay
Jurisdiction
Australia
Judgment Date
27 March 2014
Procedural Posture
Tort (personal Injury) Claim / Principal Judgment After Trial
Outcome
Judgment for the plaintiff, damages awarded subject to reduction for contributory negligence.
Legal Topics
Personal Injury, Liability for Injury by Companion Animals, Damages, Contributory Negligence
Tort Law Civil Law Personal Injury Liability for Injury by Companion Animals Damages Contributory Negligence

Case Brief

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Parties

Antonia Meimaropoulos

Plaintiff

Sorn Cheum

First Defendant

Muy Lim Hay

Second Defendant

Heang Lay

Third Defendant

Procedural Posture

Tort (personal Injury) Claim / Principal Judgment After Trial

Legal Issues

  1. 1 Whether the defendants were 'owners' of the dog under s 7 Companion Animals Act 1998 (NSW)
  2. 2 Whether the dog's conduct amounted to an 'attack' under s 25 Companion Animals Act 1998 (NSW)
  3. 3 Whether the plaintiff was contributorily negligent and to what extent

Ratio Decidendi

All three defendants were 'owners' of the dogs under s 7(1)(b) of the Companion Animals Act 1998 (NSW). The dog in question ran around and jumped up on the plaintiff, which constituted an 'attack' under s 25, causing the plaintiff to fall and suffer injury. The plaintiff was contributorily negligent by stepping backwards without looking, warranting a reduction of damages by 15%. Judgment was entered for the plaintiff for damages limited to proven physical injuries (mainly the shoulder injury), with most psychological/psychiatric complaints found unrelated to the accident.

Court Disposition

Judgment for the plaintiff, damages awarded subject to reduction for contributory negligence.

Orders

  • Judgment for the plaintiff for $28,458.77.
  • Costs reserved with liberty to apply, to be exercised in 28 days.