Yin v Sidhu [2022] NSWDC 251

District Court New South Wales

Medium Neutral Citation: Yin v Sidhu [2022] NSWDC 251 Hearing dates: 28 and 29 June 2022 Date of orders: 8 July 2022 Decision date: 08 July 2022 Jurisdiction: Civil Before: Judge Levy SC Decision: See paragraph [96] for orders Catchwords: ANIMALS – strict liability of defendant – defendant's Rottweiler attacked the plaintiff and her dog: s 25(1) of the Companion Animals Act 1998 (NSW); DAMAGES – assessment of damages for plaintiff's personal injury – assessment of plaintiff's property damage claim for injury to plaintiff's dog Legislation Cited: Civil Liability Act 2002 (NSW), s 16 Companion Animals Act 1998 (NSW), s 25(1) Uniform Civil Procedure Rules 2005 (NSW), r 31.10(1) Cases Cited: Allianz Australia Insurance Ltd v Kerr [2012] NSWCA 13 Mt Isa Mines Ltd v Pusey (1970) 125 CLR 383; [1970] HCA 60 Penrith City Council v Parks [2004] NSWCA 201 State of NSW v Moss (2000) 54 NSWLR 536; [2000] NSWCA 133 Category: Principal judgment Parties: Zhuo Ling Yin (Plaintiff) Sukhwant Singh Sidhu (Defendant) Representation: Counsel: Mr D L Del Monte (Plaintiff) Mr A Radojev (Defendant)

Solicitors: Turner Freeman (Plaintiff) P Williams and Company Lawyers (Defendant) File Number(s): 2021/158148 Publication restriction: None

Judgment

Table of Contents Nature of case [1] Facts not in dispute [2] – [7] Evidence overview [8] – [10] Surveillance images obtained by defendant [11]– [13] Issues [14] Issue 1 – Credibility and reliability of testimony [15] – [25] Evidence of the plaintiff [16] – [20] Evidence of plaintiff's son [21] Evidence of the defendant [22] – [25] Issue 2 – Findings on relevant matters of fact [26] – [50] Plaintiff's background [27] – [30] Circumstances of injury [31] – [34] Treatment [35] – [41] Disabilities that remain [42] – [47] Work [48] Domestic tasks [49] Mitigation [50] Issue 3 – Assessment of damages [51] – [93] Non-economic loss [52] – [59] Past out-of-pocket expenses [60] – [61] Future domestic assistance [62] – [68] Future treatment expenses [69] – [73] Future canine treatment expenses [74] – [92] Summary of damages assessment [93] Disposition [94] Costs [95] Orders [96]