Blight & Webster v Ruzicic [2006] NSWLC 32

Local Court of New South Wales

CITATION: Blight & Webster v Ruzicic [2006] NSWLC 32 JURISDICTION: Civil Howard Blight Judith Blight PARTIES: Mark Webster Natasha Webster Roy Ruzicic FILE NUMBER: 1144/06 PLACE OF HEARING: Downing Centre Local Court DATE OF DECISION: 09/19/2006 MAGISTRATE: Magistrate H Dillon CATCHWORDS: Damages - Whether gratuitous care of plaintiff's injured stud farm animals is a head of damage - Whether gratuitous care of injured stud farm animals may be characterised as "tending to investments" - Damages - Diminution of value of injured stud animals - Whether expert valuer's opinion sufficiently reliable to prove diminished value of injured horses LEGISLATION CITED: Athanasopoulos v Moseley [2001] NSWCA 266 Donnelly v Joyce [1974] QB 454 CASES CITED: Griffiths v Kerkemeyer (1977) 139 CLR 161 Grincelis v House (2001) 201 CLR 321 Kars v Kars (1996) 187 CLR 354 Van Gervan v Fenton (1992) 175 CLR 327 Ms M J Avenell - Counsel REPRESENTATION: Norman Waterhouse - Solicitors Ms J Sheller - Counsel William Roberts - Solicitor ORDERS: Verdict for the plaintiff in the sum of $25,258.47. Interest to be calculated by the Registrar from 22 April 2005. In relation to costs I order that costs be as agreed or as assessed. Parties to have liberty to apply on that question

REASONS for DECISION 1. The plaintiffs, all members of an extended family, are the owners of a number of thoroughbred horses that, on 31 August this year, I found had been injured as a result of being chased or attacked by one or more of the defendant's American pit bull terriers. I gave my reasons on that day for finding the defendant liable.