NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Curmi v Blacktown City Council [2024] NSWSC 10 Hearing dates: 2 January 2024 Date of orders: 2 January 2024 Decision date: 23 January 2024 Jurisdiction: Equity - Duty List Before: Slattery J Decision: Dangerous dog returned home upon undertakings to be kept in a dangerous dog enclosure. Catchwords: CIVIL PROCEDURE - dangerous dog – Companion Animals Act 1998 – interlocutory relief – plaintiff's dog seized and kept in the defendant Council's facility – whether seizure order valid – defendant's motion to vary previous orders made by the Court – – whether the strength of the plaintiff's case and the risk of harm to third parties warrants variation of the Court's existing orders to permit the plaintiff to visit her dog at the defendant's facility or to allow the dog to be returned home. Legislation Cited: Civil Liability Act 2002 Companion Animals Act 1998, ss 34, 51, 51(1)(c), 58G Cases Cited: Curmi v Blacktown City Council [2023] NSWSC 1197 Curmi v Blacktown City Council [2023] NSWSC 1614 Curmi v Blacktown City Council [2023] NSWSC 1652 Curmi v Blacktown City Council (No 2) [2023] NSWSC 1615 Category: Consequential orders Parties: Plaintiff: Connie Curmi Defendant: Blacktown City Council Representation: Counsel: Plaintiff: A.G. Martin Defendant: M. Fozzard
Solicitors: Defendant: Angelo Bilias, Bilias & Associates File Number(s): 2023/445929 Publication restriction: No
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