Everson v Oliver [2021] NSWDC 667

District Court New South Wales

Medium Neutral Citation: Everson v Oliver [2021] NSWDC 667 Hearing dates: 8 November 2021 – 12 November 2021 Date of orders: 15 November 2021 Decision date: 15 November 2021 Jurisdiction: Civil Before: Neilson DCJ Decision: Verdict and judgment for the Plaintiff against the Defendant for $382,277. Catchwords: Torts – Animals – Defendant's bullock escaped onto Pacific Highway from paddock adjoining highway – Paddock previously owned by defendant but sold to RMS for construction of Pacific Motorway – Swamp oak tree fell on fence causing it to collapse – Defendant had permission from RMS to agist cattle on this paddock pending commencement of roadwork, provided defendant kept up fencing – Defendant aware that rotten swamp oaks likely to fall on fence causing it to collapse – Defendant ought to have felled swamp oaks near fences long before sale to RMS or to have asked RMS for permission to fell the trees. Damages – Quantum – Allowance for future economic loss where plaintiff not suffering at present any economic loss – Claim for past gratuitous care unsuccessful – comparison of competing assessments both tendered in plaintiff's case. Evidence – Probative value of bovine excrement. Legislation Cited: Civil Liability Act 2002 Category: Principal judgment Parties: Plaintiff – Susan Joan Everson Defendant – Dale Oliver (trading as East Coat Citrus) Representation: Counsel: Plaintiff – G. Radburn Defendant – R. Perla

Solicitors: Plaintiff – B. Crawford & I. Lyon (Somerville Laundry Lomax) Defendant – P. Rutherford (Holman Webb) File Number(s): 2019/00155558 Publication restriction: Nil.