Saad v Fares [2015] NSWCA 385

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Saad v Fares [2015] NSWCA 385 Hearing dates: 25 November 2015 Decision date: 04 December 2015 Before: Beazley P at [1]; Leeming JA at [2]; Emmett AJA at [51] Decision: (1) Grant leave to appeal against the judgments obtained by the second, third, fourth and fifth respondents.

(2) Appeal allowed.

(3) The verdicts and judgments entered on 24 June 2014 in favour of each of the respondents, and any orders as to costs, be set aside.

(4) Each proceeding be remitted to the District Court for retrial.

(5) The costs of the appeal be each parties' costs of the remitted proceedings at first instance. Catchwords: APPEALS – finding that defendants' witnesses had fabricated evidence – obligation to give reasons – trial judge failed to give reasons – retrial ordered

PERSONAL INJURY – statutory liability for bodily injury caused by dog – Companion Animals Act 1998, s 25 – occupiers liability for negligence – whether evidence capable of sustaining finding of negligence by occupier who was not present at time of attack Legislation Cited: Civil Liability Act 2002 (NSW), ss 5B-5E Companion Animals Act 1998 (NSW), ss 25, 34 District Court Act 1973 (NSW), s 127 Evidence Act 1995 (NSW), s 140 Uniform Civil Procedure Rules 2005 (NSW), r 51.53 Cases Cited: Browne v Dunn (1893) 6 R 67 Douglass v The Queen [2012] HCA 34; 86 ALJR 1086 Goodrich Aerospace Pty Ltd v Arsic [2006] NSWCA 187; 66 NSWLR 186 Hatziandoniou v Ruddy (No 2) [2015] NSWCA 277 Kuhl v Zurich Financial Services Australia Ltd [2011] HCA 11; 243 CLR 361 Neat Holdings Pty Ltd v Karajan Holdings Pty Ltd (1992) 67 ALJR 170 Resource Pacific Pty Ltd v Wilkinson [2013] NSWCA 33 Simon v Condran [2013] NSWCA 388; 85 NSWLR 768 Soulemezis v Dudley (Holdings) Pty Ltd (1987) 10 NSWLR 247 Category: Principal judgment Parties: Caroline Saad (First Appellant) Fadi Saad (Second Appellant) Donna Saad (Third Appellant) Jisele Fares (First Respondent) Raymond Fares (Second Respondent) Monica Fares by her tutor Raymond Fares (Third Respondent) Justine Fares by her tutor Raymond Fares (Fourth Respondent) James Fares by his tutor Raymond Fares (Fifth Respondent) Representation: Counsel: M J Cranitch SC, C K Stewart (Appellants) D J Hanna (Respondents)