Hage-Fairbrother v West [2016] NSWDC 334

District Court New South Wales

Medium Neutral Citation: Hage-Fairbrother v West [2016] NSWDC 334 Hearing dates: 24, 25 and 28 November 2016 Date of orders: 29 November 2016 Decision date: 29 November 2016 Jurisdiction: Civil Before: P Taylor SC DCJ Decision: (1) Judgment for the plaintiff in the sum of $33,604.04. (2) Reserve the question of costs for further hearing on Wednesday, 7 December 2016 at 10am before P Taylor SC DCJ (estimate of one hour). Catchwords: DAMAGES – assessment – dog attack – physical and psychological injuries – hands – little finger – scrotum – dog phobia – lost overtime Cases Cited: Graham v Baker (1961) 106 CLR 340 Category: Principal judgment Parties: Dael Hage-Fairbrother (plaintiff) David James West (first defendant) Kathryn Leanne West (second defendant) Representation: Counsel: Mr S Brennan (plaintiff) Mr B Wilson (defendants)

Solicitors: Gerard Malouf & Partners (plaintiff) Hall & Wilcox (defendants) File Number(s): 2015/124814 Publication restriction: None

Judgment

INTRODUCTION 1. On 28 April 2012 the plaintiff, Dael Hage‑Fairbrother, was walking his blue American Staffordshire Bull Terrier named "Mack". Jay Dobbico, "one of [the plaintiff's] really good friends", was with him (T20/16-21; T22/1-3). A Rottweiler dog belonging to the defendants, David West and Kathryn Bowman, came towards Mr Hage‑Fairbrother and attacked him and his dog, Mack. 2. Mr Hage‑Fairbrother commenced proceedings. The defendants admit a breach of duty, so the hearing concerned the assessment of Mr Hage‑Fairbrother's damages. This involved a consideration of the physical and psychological injuries and disabilities of Mr Hage‑Fairbrother, and the appropriate monetary award for them.