Cuschieri Te Puia v Sheerin [2020] NSWDC 527

Cuschieri Te Puia v Sheerin [2020] NSWDC 527

The defendant is liable for damages under s 25(1) of the Companion Animals Act 1998 (NSW) as the plaintiff was not on the defendant's property when attacked, nor was he not lawfully present; consequential incursion into airspace was minimal and did not amount to trespass, and statutory liability was not excluded.

Jurisdiction
Australia
Judgment Date
14 September 2020
Procedural Posture
Civil / Principal Judgment
Outcome
Judgment for the plaintiff
Legal Topics
['strict Liability' 'dog Attacks' 'personal Injury' 'damages Assessment' 'trespass']
['tort' 'animal Law'] ['strict Liability' 'dog Attacks' 'personal Injury' 'damages Assessment' 'trespass']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Principal Judgment

Legal Issues

  1. 1 ["Whether the plaintiff was attacked whilst on defendant's property" "Whether the plaintiff was not lawfully on defendant's property within s 25(2)(a) Companion Animals Act 1998 (NSW)" 'Assessment of damages for personal injury']

Ratio Decidendi

The defendant is liable for damages under s 25(1) of the Companion Animals Act 1998 (NSW) as the plaintiff was not on the defendant's property when attacked, nor was he not lawfully present; consequential incursion into airspace was minimal and did not amount to trespass, and statutory liability was not excluded.

Court Disposition

Judgment for the plaintiff

Orders

  • ['Verdict and judgment for the plaintiff in the sum of $315,500' "Defendant to pay plaintiff's costs on the ordinary basis unless otherwise ordered" 'The exhibits may be returned' "Liberty to apply on 7 days' notice if further or other orders are required"]