Novakovic v Stekovik [2011] NSWDC 253

District Court New South Wales

Medium Neutral Citation: Novakovic v Stekovik [2011] NSWDC 253 Hearing dates: 29 - 30 March 2011 Decision date: 20 April 2011 Before: Knox DCJ Decision: 1. The plaintiff's statement of claim is dismissed 2. Judgment for the defendants 3. Liberty is reserved to the parties to approach to have the matter listed for submissions as to costs on or before 2 May 2011 4. Absent the receipt of submissions on costs to the contrary, the order as to costs will take effect from 2 May 2011 5. Subject to any submissions, the plaintiff shall pay the costs of the defendants as agreed or taxed Catchwords: TORTS - negligence - duty of care - anticipated attack by dangerous dog - plaintiff's fear of dogs and response - measures reasonably necessary to forestall attack Legislation Cited: Civil Liability Act 2002 Cases Cited: Australian Safeway Stores Pty Ltd v Zaluzna [1987] HCA 7; (1987) 162 CLR 479 Consolidated Broken Hill Ltd v Edwards [2005] NSWCA 380 Council of the City of Greater Taree v Wells [2010] NSWCA 147 Hackshaw v Shaw [1984] HCA 84; (1984) 155 CLR 614 Jones v Dunkel [1959] HCA 8; (1959) 101 CLR 298 Laresu Pty Ltd v Clark [2010] NSWCA 180 Phillis v Daly (1988) NSWLR 65 Wyong Shire Council v Shirt (1980) 146 CLR 40 Youkhana v Di Veroli [2010] NSWCA 322 Category: Principal judgment Parties: Mileva Novakovic (Plaintiff) Michael Stekovic (First Defendant) Snezana Stekovic (Second Defendant) Representation: Mr Carney (Plaintiff) Mr Scotting (Defendants) Koutzoumis Lawyers (Plaintiff) Moray & Agnew Lawyers (Defendants) File Number(s): DC 2010/7