Quick v Dodd & Anor; Sheppard’s Diesel Service Pty Ltd v Barber & Ors [2009] NSWDC 323

Quick v Dodd & Anor; Sheppard’s Diesel Service Pty Ltd v Barber & Ors [2009] NSWDC 323

Plaintiff Neil Quick was attacked and injured by a dog owned and handled by the defendant parties, resulting in permanent disabilities. Damages were assessed under Civil Liability Act 2002, including economic and non-economic losses. Sheppard's Diesel Service Pty Ltd, as employer, was entitled to recover compensation payments made to Mr Quick under Workers Compensation Act 1987 s 151Z(1)(d). Default judgment was entered due to lack of defence.

Jurisdiction
Australia
Judgment Date
09 December 2009
Procedural Posture
Civil / Assessment of Damages Following Default Judgment
Outcome
Judgment for plaintiffs. Damages awarded and costs ordered.
Legal Topics
['dog Bite Injury' 'damages Assessment' 'subrogated Claim' 'default Judgment']
['torts' "workers' Compensation"] ['dog Bite Injury' 'damages Assessment' 'subrogated Claim' 'default Judgment']

Case Brief

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Procedural Posture

Civil / Assessment of Damages Following Default Judgment

Legal Issues

  1. 1 ['Liability for injuries caused by dog bite under Companion Animals Act 1998' 'Assessment of damages under Civil Liability Act 2002' "Employer's subrogated claim for recovery of payments under s 151Z(1)(d) Workers' Compensation Act 1987"]

Ratio Decidendi

Plaintiff Neil Quick was attacked and injured by a dog owned and handled by the defendant parties, resulting in permanent disabilities. Damages were assessed under Civil Liability Act 2002, including economic and non-economic losses. Sheppard's Diesel Service Pty Ltd, as employer, was entitled to recover compensation payments made to Mr Quick under Workers Compensation Act 1987 s 151Z(1)(d). Default judgment was entered due to lack of defence.

Court Disposition

Judgment for plaintiffs. Damages awarded and costs ordered.

Orders

  • ["In proceedings numbered 2331 of 2009: Verdict and judgment for the plaintiff in the sum of $242,989.60; The defendants are to pay the plaintiff's costs; The exhibits are to remain with the court file; Liberty to apply on 7 days notice if further orders are required." "In proceedings numbered 5146 of 2008:...