Ridolfi v Hammond (No 2) [2012] NSWCA 67

Ridolfi v Hammond (No 2) [2012] NSWCA 67

The appellant did not satisfy the statutory threshold in s 128(3) of the Motor Accidents Compensation Act 1999, as the evidence did not establish a requirement for attendant care of more than six hours per week for any qualifying period. Damages for past and future economic loss were adjusted per the agreed calculations, but no damages were awarded for attendant care services.

Parties
Appellant: George Ridolfi; Respondent: Lisa-Maree Hammond
Jurisdiction
Australia
Judgment Date
04 April 2012
Procedural Posture
Civil Appeal / Consequential Orders on Appeal
Outcome
Appeal allowed in part; damages recalculated; compensation for attendant care services refused.
Legal Topics
Attendant Care Services, Economic Loss, Motor Accidents Compensation Act 1999 S 128
Damages Motor Vehicle Accidents Attendant Care Services Economic Loss Motor Accidents Compensation Act 1999 S 128

Case Brief

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Parties

George Ridolfi

Appellant

Lisa-Maree Hammond

Respondent

Procedural Posture

Civil Appeal / Consequential Orders on Appeal

Legal Issues

  1. 1 Whether appellant satisfied the statutory requirement under s 128(3) of the Motor Accidents Compensation Act 1999 that attendant care services must be provided for at least 6 hours per week and for a period of at least 6 consecutive months
  2. 2 Assessment of damages for past and future economic loss

Ratio Decidendi

The appellant did not satisfy the statutory threshold in s 128(3) of the Motor Accidents Compensation Act 1999, as the evidence did not establish a requirement for attendant care of more than six hours per week for any qualifying period. Damages for past and future economic loss were adjusted per the agreed calculations, but no damages were awarded for attendant care services.

Court Disposition

Appeal allowed in part; damages recalculated; compensation for attendant care services refused.

Orders

  • Judgment be entered for the appellant in the sum of $243,406.62.
  • Order the respondent to pay the appellant's costs of the appeal.