Coleman & Anor v Barrat [2004] NSWCA 27

The appellants, as owners of the dog, were liable under s 25 of the Companion Animals Act 1998 (NSW) for the respondent's injuries caused when the dog indirectly wounded her by frightening her horse, leading to her fall. The trial judge's assessment of non-economic loss at 30% was found to be excessive and reduced to 22%, necessitating a reduction of the verdict amount.

Parties: Appellants: Ian Lyle Coleman and Coleman; Respondent: Margaret Mary Barrat
Jurisdiction: Australia
Judgment Date: 23 November 2004
Procedural Posture: Appeal / Court of Appeal Judgment
Outcome: Appeal allowed in part
Legal Topics: Liability of Dog Owners, Non Economic Loss Assessment, Companion Animals Act 1998 S 25

Torts Statutory Liability Damages Liability of Dog Owners Non Economic Loss Assessment Companion Animals Act 1998 S 25

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 14 Party arguments 2 Amounts and remedies 3

Parties

Ian Lyle Coleman and Coleman

Appellants

Margaret Mary Barrat

Respondent

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the appellants were liable as owners under the Companion Animals Act 1998 (NSW) for injuries indirectly caused by their dog
2 Whether the assessment of non-economic loss at 30% of a most extreme case was reasonable or erroneous

Ratio Decidendi

Court Disposition

Appeal allowed in part

Orders

Amount of the verdict set aside and judgment entered for $45,400 together with interest to be recalculated by the parties within 48 hours.
Ms Barrat to pay Mr and Mrs Coleman's costs of the appeal.