Ray v Southon [2022] NSWCA 267

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Ray v Southon [2022] NSWCA 267 Hearing dates: 7 November 2022 Date of orders: 16 December 2022 Decision date: 16 December 2022 Before: Ward P at [1] Griffiths AJA at [2] Harrison J at [3] Decision: Appeal dismissed with costs Catchwords: TORTS – assault during domestic relationship – where appellant pushed respondent – where respondent fell and struck her head on a coffee table – where appellant claims to have acted in self-defence – whether trial judge erred in rejecting appellant's evidence concerning his relationship with respondent as irrelevant to the issue of self-defence – whether trial judge erred in concluding that appellant did not act in self-defence – whether trial judge erred in finding appellant had "intent to cause injury" and that Civil Liability Act 2002 (NSW), s 3B(1) did not apply DAMAGES – assessment – past and future domestic assistance – whether medical practitioner qualified by respondent lacked expertise to express opinions on her need for domestic assistance – whether trial judge erred by failing to give sufficient reasons for award of damages Legislation Cited: Civil Liability Act 2002 (NSW), s 3B Evidence Act 1995 (NSW), ss 55, 135 Cases Cited: Boral Bricks Pty Ltd v Cosmidis [2013] NSWCA 443 Dickson v Northern Lakes Rugby League Sport & Recreation Club Inc (2020) 103 NSWLR 658; [2020] NSWCA 294 Elias v R [2006] NSWCCA 365 R v Anderson (2000) 111 A Crim R 19; [2000] VSCA 16 R v Castaneda [2015] NSWSC 964 R v Hutchison & Wilkinson [2018] NSWSC 1759 R v Toki (No 3) (2000) 116 A Crim R 536; [2000] NSWSC 999 Sampco Pty Ltd v Wurth [2015] NSWCA 117 Southon v Ray [2022] NSWDC 32 Top Hut Banoon Pastoral Co Pty Ltd t/a Trustee for the Wakefield Family Trust v Walker [2021] NSWCA 296 Category: Principal judgment Parties: Christopher Ray (Appellant) Sharon Southon (Respondent) Representation: Counsel: M J Davis (Appellant) R de Meyrick (Respondent)