Southon v Ray [2022] NSWDC 32

District Court New South Wales

Medium Neutral Citation: Southon v Ray [2022] NSWDC 32 Hearing dates: 15 February – 16 February 2022 Date of orders: 24 February 2022 Decision date: 24 February 2022 Jurisdiction: Civil Before: Abadee DCJ Decision: See paragraph 232 Catchwords: TORTS - assault and battery during domestic relationship - defendant pushed plaintiff in a longue room - plaintiff fell and suffered injury after her head hit a nearby coffee table - whether defence of self-defence established in common law and/or under provisions of Part 7 of the Civil Liability Act 2002 (NSW) DAMAGES - whether assessment governed by common law or by Part 2 of the Civil Liability Act 2002 - whether operation of Civil Liability Act excluded by s 3B(1) - significance of pre-existing physical injuries and mental health issues – whether aggravated damages should be awarded WORDS & PHRASES - whether defendant had "intent to cause injury" - Civil Liability Act 2002 s 3B(1) Legislation Cited: Civil Liability Act 2002 (NSW) ss 3A, 3B, 52, 53, 54 Evidence Act 1995 (NSW) s 140 Cases Cited: Croucher v Cachia (2016) NSWLR 117 Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc (2020) 103 NSWLR 658 Fontin v Katapodis (1962) 108 CLR 177 Giller v Procopets (2008) 24 VR 1 Cooper v Mulcahy [2013] NSWCA 160 James v James (No.3) [2020] NSWDC 797 Joldzic v Patrick [2021] NSWDC 55 State of NSW v McMaster (2015) 91 NSWLR 666 Tabet v Gett (2010) 240 CLR 537 Texts Cited: D Villa, Annotated Civil Liability Act (3rd ed, 2018, Thomson Reuters) Category: Principal judgment Parties: Sharon Linda Southon (Plaintiff) Christopher John Ray (Defendant) Representation: Counsel: Mr Rohan de Meyrick for the plaintiff Mr Matthew Davis for the defendant