Coleman v Wood [2016] NSWDC 360

District Court New South Wales

Medium Neutral Citation: Coleman v Wood [2016] NSWDC 360 Hearing dates: 12 December 2016 Date of orders: 12 December 2016 Decision date: 12 December 2016 Jurisdiction: Civil Before: Gibson DCJ Decision: Notations: (1) The defendant called three times outside Court 4.1 at 10:30am – no appearance. (2) The defendant called three times outside Court 4.1 at 11:30am – no appearance.

Orders: (1) Judgment for the plaintiff for the sum of $105,564.80. (2) Defendant pay plaintiff's costs. (3) Liberty to the defendant to apply in relation to costs by filing a notice of motion no later than Friday 3 February 2017, returnable in the 13 March 2017 sittings before Gibson DCJ in Newcastle. (4) These orders to be entered onto JusticeLink forthwith and the plaintiff is to notify the defendant of these orders by letter served on her business address (whether the defendant is present or not) conformably with the orders of Balla DCJ made by 17 October 2016, such letter to be served no later than Friday 23 December 2016. (5) A copy of Gibson DCJ's judgment will be provided to the parties, by way of service in the manner prescribed by Balla DCJ. (6) Exhibits retained for 28 days. Catchwords: TORT – personal injury – plaintiff chased by defendant's dogs while riding and suffers injury – defendant served but fails to attend court – judgment entered and orders for assessment of damages made – assessment of damages Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 29.7 Cases Cited: Kingdon v Kirk (1887) 37 Ch D 141 Reece v Reece (1994) 19 MVR 103 Satz v ACN 069 808 957 Pty Ltd [2010] NSWSC 365 Stone v Smith (1887) 35 Ch D 188 Varga v Galea [2011] NSWCA 76 Texts Cited: Ritchie's Uniform Civil Procedure NSW (LexisNexis) Category: Principal judgment Parties: Plaintiff: Deborah Margaret Coleman Defendant: Leonie Wood Representation: Counsel: Plaintiff: Mr P Kirby Defendant: No appearance