Reed v Sretenovic & Anor [2008] NSWDC 202

New South Wales District Court

CITATION: Reed v Sretenovic & Anor [2008] NSWDC 202

HEARING DATE(S): 12; 13; 14 & 15 August 2008

JUDGMENT DATE: 10 September 2008

JURISDICTION: District Court of New South Wales

JUDGMENT OF: Levy SC DCJ

DECISION: 1. Verdict and judgment for the Plaintiff in the sum of $344,723. 2. Defendant to pay the Plaintiff's costs.

CATCHWORDS: Damages – Plaintiff repeatedly attacked and bitten by a dog – liability determined pursuant to s.25 of Companion Animals Act, 1998 - Causation – Assessment of causal connection of certain disabilities of a psychological nature to injuries where expert medical opinion is silent on a connection of those disabilities to the injuries sustained - Assessment of damages – Considerations for the assessment of future loss of earning capacity in the case of a minor – reference to average weekly earnings as a guide.

LEGISLATION CITED: Civil Liability Act 2002 (NSW) s.13, s.16 Companion Animals Act 1998 (NSW) s.25

Adelaide Stevedoring Co. Ltd v Forst [1940] 64 CLR 538 CASES CITED: Blaxter v Commonwealth of Australia [2008] NSWCA 87 Commissioner of Police v Rea [2008] NSWCA 199 Commonwealth v McLean [1996] NSWLR 389

James Reed by his next friend Sharlene Sullivan (Plaintiff) PARTIES: Rados Sretenovic (First Defendant) Monica Sretenovic (Second Defendant)

FILE NUMBER(S): 5558 of 2007

COUNSEL: Mr A Campbell (Plaintiff) Ms E Bielby (Defendants)

SOLICITORS: Gerard Malouf & Partners (Plaintiff) Sparke Helmore (Defendants)

Introduction

1. This matter involves the assessment of damages arising out of injuries received by the Plaintiff on 28 April 2005 as a consequence of a terrifying incident in which the Plaintiff, when aged 11 years, was ferociously attacked and repeatedly bitten by a domestic dog belonging to the Defendants. In this case the assessment of damages requires the consideration of the physical and psychological consequences of the incident to the Plaintiff. The Parties