Neighbours at war in $168,000 court dispute over claim German shepherd 'attacked' a grandmother: 'I can't read a dog's mind'

Published: 06:29, 2 August 2026 | Updated: 06:31, 2 August 2026 Neighbours on a shared lot in Sydney's south have faced off in court over a dispute involving their dogs, with one demanding $168,000 in compensation. Jennifer Bevan, who lives in one of the Caringbah duplex units, filed proceedings in the NSW District Court after being 'attacked' by her neighbour Gregory Smith's German shepherd in December 2020. The court heard she was knocked over by Mr Smith's three-year-old dog, Evie, on their shared driveway and fractured her right wrist.  At the time, the grandmother was carrying her Cavoodle pup, Gracie, who was also three years old. Ms Bevan, who required surgery after the fall, said Evie jumped up at her twice, placing both paws on her chest. She said the second jump had enough force to knock her over.  'It was with a lot more force. She did the running jump,' Ms Bevan, now 69, told the court.  '[I] kind of threw Gracie because [I] didn’t want to fall on her, and put [my] right arm out to brace the fall.' Ms Bevan sued Mr Smith, claiming the former electrician was responsible for her injuries and asking the court to order compensation of $168,000. Jennifer Bevan (pictured) claimed her neighbour was responsible after she was knocked over by his dog on their shared driveway and suffered a severe wrist fracture  Ms Bevan said she was carrying her Cavoodle, Gracie, at the time (stock image)  Ms Bevan told the court the injury had impacted every part of her daily life. Her lawyers referenced section 25 of the Companion Animals Act 1998 (NSW), which states that 'the owner of a dog is liable... in respect of a bodily injury to a person caused by the dog wounding or attacking that person'. When asked by Mr Smith's lawyers if it'd be reasonable to assume Evie had been jumping up at Gracie and not her, Ms Bevan pushed back. 'I can't read a dog's mind. I'm sorry,' she told them. Ms Bevan accepted Evie had not bitten her when she jumped up but disagreed with the suggestion that the German shepherd was simply being playful.  The court heard the two neighbours, who have lived at the shared property since around 2008, were familiar with each other's dogs.  Evie and Gracie had even played together before, with Mr Smith looking after Gracie when Ms Bevan went away, the court was told. Mr Smith's lawyers told the court there was no evidence Evie had been aggressive towards Gracie, and that dogs can sometimes put their paws on a human's chest out of affection. Her neighbour Gregory Smith owns a German shepherd named Evie (stock image)  The lawyers also argued Evie did not 'wound' Ms Bevan, that her paws did not scratch her chest, and that the most she did was push her in one direction.  Judge Greg Waugh found Ms Bevan's injury was not caused by Evie wounding or attacking her in an aggressive or deliberate manner.  Therefore, Mr Smith was not liable for damages or in negligence. In his ruling, Judge Waugh wrote it was 'significant' that when Evie approached Ms Bevan and her cavoodle, she was not barking, growling or snarling.  'She put both of her front paws on the plaintiff without scratching her or knocking her over; and she took her paws down and went away immediately she was told by name to get away,' he said. 'I do not accept (Ms Bevan's) submission that a 60kg dog running back after being shooed away necessarily constitutes an attack, or that a dog running at a person, going up on its hind legs and placing its paws on the person’s chest is necessarily by itself an attack.' Ms Bevan was ordered to pay Mr Smith's legal costs.  The Daily Mail has contacted both parties for comment.