Mark Phillip Hatch v Morris Wood-Davies and Kerry Wood-Davies [2006] NSWDC 96

New South Wales District Court

CITATION: Mark Phillip Hatch v Morris Wood-Davies and Kerry Wood-Davies [2006] NSWDC 96

HEARING DATE(S): 08/05/2006-11/05/2006 EX TEMPORE JUDGMENT DATE : 05/11/2006

JURISDICTION: Civil

JUDGMENT OF: Neilson DCJ at 1

DECISION: Verdict and judgment for the plaintiff against the first defendant; Verdict and judgment for the second defendant against the plaintiff; First defendant to pay the plaintiff's costs on a party-party basis until 13 February 2006 and thereafter on an indemnity basis; Plaintiff's costs include fees for Senior Counsel; Stay of execution until 26 June 2006

CATCHWORDS: Motorcyclist injured when falls from motorcycle whilst trying to avoid attack by a dog - Companion Animals Act 1998 - Whether defendant "owner" of dog - Whether defendant is person by whom the dog "is ordinarily kept" - Consideration of legislative history - Whether defendant discharged onus of proving that the plaintiff's driving contributed to his injury - Failure of defendant personally to give evidence - Zappia v Allsop (Court of Appeal, unreported, 17 March 1994) - Jones v Dunkel (1959) 101 CLR 298

Companion Animals Act 1998 LEGISLATION CITED: Dog Act 1966 Dog and Goat Act 1898 Civil Liability Act 2002

CASES CITED: Zappia v Allsop (Court of Appeal, unreported, 17 March 1994) Jones v Dunkel (1959) 101 CLR 298

Mark Phillip Hatch (Plaintiff) PARTIES: Morris Wood-Davies (First Defendant) Kerry Wood-Davies (Second Defendant)

FILE NUMBER(S): 21/04 (Wagga Wagga)

COUNSEL: Mr I Roberts SC and Mr R Foord (Plaintiff) Mr D Miller (First defendant)