NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Bouali v Rangihuna [2020] NSWDC 720 Hearing dates: 11 November 2020 Date of orders: 20 November 2020 Decision date: 20 November 2020 Jurisdiction: Civil Before: Judge Levy SC Decision: 1. Verdict and judgment for the plaintiff in the sum of $49,500; 2. The defendant is to pay the plaintiff's costs on the ordinary basis unless otherwise ordered; 3. The exhibits may be returned; 4. Liberty to apply on 7 days' notice if further or other orders are required. Catchwords: TORTS – plaintiff attacked in public park by defendant's unleashed bulldog – liability established pursuant to s 25 of the Companion Animals Act 1998 (NSW) – aggravation of pre-existing physical and psychological symptoms; DAMAGES – assessment of claimed heads of damage Legislation Cited: Civil Liability Act 2005 (NSW), s 5D, s 5E, s 16 Companion Animals Act 1998 (NSW), s 25 Evidence Act 1995 (NSW), s 60 Cases Cited: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25 Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; [1970] HCA 60 Category: Principal judgment Parties: Souad Bouali (Plaintiff) Mathew Rangihuna (Defendant) Representation: Counsel: Mr R Brown (Plaintiff) Mr H Halligan (Defendant)
Solicitors: Wyatts Lawyers (Plaintiff) Young & Muggleton (Defendant) File Number(s): 2019/64921 Publication restriction: None
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