Blacktown City Soccer Club Limited v Hodge [2004] NSWCA 125

Reported Decision : (2004) Aust Torts Reports 81-745

New South Wales Court of Appeal

CITATION : Blacktown City Soccer Club Limited v Hodge [2004] NSWCA 125 HEARING DATE(S) : 21/04/04 JUDGMENT DATE : 21 April 2004

JUDGMENT OF : Beazley JA at 23; Santow JA at 24; Ipp JA at 1 DECISION : (1) Application for leave to appeal granted (2) Appeal upheld (3) Orders made by the trial judge set aside (4) Grant a verdict and judgment for the claimant (5) Opponent to pay the costs of the trial and the costs of the appeal. Opponent to have a certificate under the Suitors' Fund Act 1951 if so qualified.

CATCHWORDS : NEGLIGENCE - Where plaintiff attacked by Rottweiler dog after patting the dog - Where the dog was tethered to a railing at the entrance to a club, on club premises - Where people using the entrance might have been under the influence of alcohol - Whether the dog was a "temporary hazard" - Whether the club had knowledge of the dog being present - Whether duty of the club to have the dog removed. D Australian Safeway Stores Pty Ltd v Zaluzna (1987) 162 CLR 479 CASES CITED : Van Der Sluice v Display Craft Pty Ltd [2002] NSWCA 204 Wyong Shire Council v Shirt (1980) 146 CLR 40 PARTIES : Blacktown City Soccer Club Limited (Claimant) Suzanne Valerie Hodge (Opponent) FILE NUMBER(S) : CA 40588/03 COUNSEL : I Harrison SC (Claimant) C Leahy SC/J Wynyard (Opponent) SOLICITORS : Riley, Gray-Spencer (Claimant) Schrader & Associates (Opponent)

LOWER COURT District Court JURISDICTION : LOWER COURT DC 8486/01 FILE NUMBER(S) : LOWER COURT Hungerford ADCJ JUDICIAL OFFICER :