Quick v Dodd & Anor; Sheppard’s Diesel Service Pty Ltd v Barber & Ors [2009] NSWDC 323

New South Wales District Court

CITATION: Quick v Dodd & Anor; Sheppard's Diesel Service Pty Ltd v Barber & Ors [2009] NSWDC 323

HEARING DATE(S): 7 December 2009

JUDGMENT DATE: 9 December 2009

JURISDICTION: Civil

JUDGMENT OF: Levy SC DCJ

In proceedings numbered 2331 of 2009 1. Verdict and judgment for the plaintiff in the sum of $242,989.60; 2. The defendants are to pay the plaintiff's costs. DECISION: In proceedings numbered 5146 of 2008 3. The proceedings are discontinued against the first defendant; 4. Verdict and judgment for the plaintiff in the sum of $47,024.18; 5. The second and third defendants are to pay the plaintiff's costs.

CATCHWORDS: TORTS – dog bite injury – plaintiff attacked by a Rottweiler dog – damages assessed under Civil Liability Act 2002 - WORKERS' COMPENSATION – employer's subrogated claim under s 151Z(1)(d) of Workers' Compensation Act 1987 for recovery of payments of workers' compensation paid to victim of dog attack

Civil Liability Act 2002 LEGISLATION CITED: Companion Animals Act 1998 Workers Compensation 1987 s 151Z(1)(d)

CASES CITED: Daw v Toyworld (NSW) Pty Ltd [2001] NSWCA 25; (2001) 21 NSWCCR 389 Penrith City Council v Parks [2004] NSWCA 201

In proceedings numbered 2331 of 2009 Neil Quick (Plaintiff) James Dodd (First defendant) ADCO Group Pty Ltd t/as Stealth Security NSW (Second defendant) PARTIES: In proceedings numbered 5146 of 2008 Sheppard's Diesel Service Pty Ltd (Plaintiff) Michael Barber (First defendant) ADCO Group Pty Ltd t/as Stealth Security NSW (Second defendant) James Dodd (Third defendant)