Recent Cases

Ray v Southon [2022] NSWCA 267 (16 December 2022) (Ward P, Griffiths AJA and Harrison J)


Catchwords:


TORTS – assault during domestic relationship – where appellant pushed respondent – where respondent fell and struck her head on a coffee table – where appellant claims to have acted in self-defence – whether trial judge erred in rejecting appellant’s evidence concerning his relationship with respondent as irrelevant to the issue of self-defence – whether trial judge erred in concluding that appellant did not act in self-defence – whether trial judge erred in finding appellant had “intent to cause injury” and that Civil Liability Act 2002 (NSW), s 3B(1) did not apply

DAMAGES – assessment – past and future domestic assistance – whether medical practitioner qualified by respondent lacked expertise to express opinions on her need for domestic assistance – whether trial judge erred by failing to give sufficient reasons for award of damages