Curmi v Blacktown City Council [2023] NSWSC 1652

Supreme Court New South Wales

Medium Neutral Citation: Curmi v Blacktown City Council [2023] NSWSC 1652 Hearing dates: 22 December 2023 Date of orders: 22 December 2023 Decision date: 22 December 2023 Jurisdiction: Common Law Before: Hamill J (as Duty Judge) Decision: The order made by Justice Garling on 15 December 2023 is varied as follows: (1) Upon the plaintiff: (a) signing an enforceable waiver under the Civil Liability Act 2002 (NSW), and (b) providing a written undertaking to the Court that she will vacate the dangerous dog enclosure on request by staff at Blacktown Animal Rehoming Centre, the plaintiff is allowed access, including physical contact (including hugging) to her dog Max for one hour, between 3pm-4pm, on the following days: 2nd, 3rd, 4th, 5th, 8th, 9th, 10th, 11th and 12th January 2024. (2) There is to be no requirement imposed by the defendant that the plaintiff be required to take a support person. (3) For the sake of clarity, this variation to the order allows the plaintiff to enter the enclosure where Max is held. Catchwords: CIVIL LAW – dangerous dog – Max – companion animal – variation of interim orders – allowing plaintiff access to dog pending determination of application for judicial review – Blacktown Animal Rehoming Centre – BARC – where Court made orders allowing plaintiff to visit dog at BARC – bounds and circumstances of contact not defined – inability of parties to agree – diametrically opposed positions taken by the parties – bloody mindedness – what steps are reasonably necessary to facilitate visit – imposition of condition requiring plaintiff to bring support person – whether plaintiff permitted physical contact with dog – whether council should required to put on additional staff – whether plaintiff can hug her dog – what dogs are ever thinking – liability and safety issues – last Friday before Christmas – variation to orders made Legislation Cited: Civil Liability Act 2002 (NSW) Companion Animals Act 1998 (NSW) Category: Procedural rulings Parties: Connie Curmi (Plaintiff) Blacktown City Council (Defendant) Representation: Counsel: A Martin (Plaintiff) M Fozzard (Defendant)