Anne Penfold v John Betteridge & Carol Betteridge [2011] NSWDC 146

District Court New South Wales

Medium Neutral Citation: Anne Penfold v John Betteridge & Carol Betteridge [2011] NSWDC 146 Hearing dates: 18 July 2011 Decision date: 27 July 2011 Jurisdiction: Civil Before: Judge M Sidis Decision: 1. Verdict and judgment for the plaintiff in the sum of $139,213. 2. The defendants are to pay the plaintiff's costs of the proceedings. This order is suspended for seven days to allow the parties to list the matter for further argument on the question of costs should they wish to do so. 3. The exhibits are returned. Catchwords: COMPANION ANIMALS: Claim under companion Animals Act and in negligence-whether plaintiff's presence on defendants' property lawful - whether attack occurred on defendant's property- verdict -inconsistencies in evidence of defendants' and then witness - whether failure to contain dog negligent in light of known past escape and attack - whether necessary to establish defendants' dog inflicted injury Legislation Cited: Companion Animals Act 1998 Civil Liability Act 2005 Cases Cited: Halliday v Nevill (1984) 155 CLR 1 Kuru v State of New South Wales (2008) 236 CLR 1 Coleman v Barrat [2004] NSWCA 27 Texts Cited: N/A Category: Principal judgment Parties: Anne Penfold (Plaintiff/Applicant) John Betteridge & Carol Betteridge (Defendants/Respondents) Representation: Mr J G Hanrahan (For the Plaintiff/Applicant) Mr R J Wehbe (For both defendants/Respondents) Turnbull Hill Lawyers (Plaintiff) Ray Wehbe & Co (For both defendant) File Number(s): 2009/00332993