Hardy v Eclipse K9 Security Pty Ltd [2024] NSWDC 602

Hardy v Eclipse K9 Security Pty Ltd [2024] NSWDC 602

Plaintiff was entitled to judgment against the defendant for personal injuries sustained as a result of a dog attack, having obtained a default judgment; damages assessed in accordance with the Civil Liability Act 2002 and Companion Animals Act 1998 included quantified amounts for non-economic loss, out-of-pocket expenses, domestic assistance, economic loss, and buffers for future losses; judgment entered in the sum of $460,998.99 plus costs.

Parties
Plaintiff: Matthew Hardy; Defendant: Eclipse K9 Security Pty Ltd
Jurisdiction
Australia
Judgment Date
03 December 2024
Procedural Posture
Civil / Assessment of Damages Following Default Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Assessment of Damages, Companion Animals Act 1998, Default Judgment, Economic Loss, Personal Injury
Tort Law Personal Injury Assessment of Damages Companion Animals Act 1998 Default Judgment Economic Loss

Case Brief

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Parties

Matthew Hardy

Plaintiff

Eclipse K9 Security Pty Ltd

Defendant

Procedural Posture

Civil / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 Assessment of damages for personal injury under s 25 Companion Animals Act 1998
  2. 2 Entitlement to non-economic loss under Civil Liability Act 2002
  3. 3 Calculation of economic and non-economic damages where injury has impacted earning capacity

Ratio Decidendi

Plaintiff was entitled to judgment against the defendant for personal injuries sustained as a result of a dog attack, having obtained a default judgment; damages assessed in accordance with the Civil Liability Act 2002 and Companion Animals Act 1998 included quantified amounts for non-economic loss, out-of-pocket expenses, domestic assistance, economic loss, and buffers for future losses; judgment entered in the sum of $460,998.99 plus costs.

Court Disposition

Judgment for the plaintiff

Orders

  • Judgment for the plaintiff against the defendant in the sum of $460,998.99
  • Defendant is to pay the plaintiff's costs of the proceedings