She was also in a relationship with Charlie Bambrook in 1997 but they separated in 1998.She also dated Dean Paraskevopoulos in 2001 but they broke up in 2003.She was in a relationship with Justin Strock in 2006 and they separated in 2007.
The victim is accordingly absolved from alleging and proving negligence on the part of the owner, which is presumed. On the evidence, however, it was common cause that the appellant had invited the respondent to his farm, where the respondent was chased by an ostrich owned and introduced onto the farm, by the appellant.
After hearing evidence, the court a quo found that the appellant was liable to pay to the respondent such damages as he was able to prove in due course, together with the costs of the action.
The appeal is with the leave of the court a terms of which the bringing of wild or dangerous animals on or into a public place, or a place to which members of the public have access, was prohibited.
The respondent alleged that the incident occurred on a farm owned by the appellant and that the appellant had ‘introduced certain wild ostriches which do not naturally occur’ onto the farm, alternatively, the appellant ‘tamed and domesticated an ostrich who roamed close to the dwelling on the farm, which in attacking the plaintiff. Only two of the defences raised by the appellant require consideration for the determination of the appeal.
First, the appellant raised the defence of provocation, alleging that the respondent ‘provoked and harassed the ostrich/ostriches on numerous occasions prior to the alleged incident’.