Sarkis v Morrison [2013] NSWCA 281

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Sarkis v Morrison [2013] NSWCA 281 Hearing dates: 26 August 2013 Decision date: 30 August 2013 Before: Basten JA at [1]; Macfarlan JA at [38]; Ward JA at [39] Decision: (1) Allow the appeal and set aside the judgment and orders made in the District Court. (2) Enter judgment for the defendant in the District Court, with costs. (3) Order that the respondent pay the appellant's costs in this Court. (4) Grant the respondent a certificate under the Suitors' Fund Act 1951 (NSW) in respect of his costs of the appeal. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: PERSONAL INJURY - injury to person caused by dog - plaintiff injured when defendant's dog ran onto road and collided with plaintiff's motorcycle - dog did not attack plaintiff - whether owner of dog strictly liable to person wounded as a result of action by dog - owner liable for "bodily injury to a person caused by the dog wounding or attacking that person" - whether "wounding or attacking" disjunctive - whether "wounding" requires aggression on part of dog - where exceptions to liability assume "attack by a dog" - Companion Animals Act 1998 (NSW), s 25 - Coleman v Barrat [2004] NSWCA 27 considered