Daly v Thiering [2013] HCA 45

Daly v Thiering [2013] HCA 45

On the proper construction of s 130A of the Motor Accidents Compensation Act 1999 (NSW), a participant in the Lifetime Care and Support Scheme is precluded from recovering damages for economic loss in respect of treatment and care needs (including gratuitous attendant care services), regardless of whether such services have been paid for, as long as those needs are provided for or are to be provided for under the Scheme.

Parties
Appellant: John Daly; First Respondent: Alexander Thiering; Second Respondent: Rose Thiering; Third Respondent: WorkCover Authority of New South Wales
Jurisdiction
Australia
Judgment Date
06 November 2013
Procedural Posture
Appeal / High Court of Australia; on Appeal From Court of Appeal, Supreme Court of New South Wales
Outcome
Appeal allowed; Court of Appeal order set aside; question 5 reformulated and answered in favour of appellant.
Legal Topics
Construction of S 130 a Motor Accidents Compensation Act 1999 (nsw), Damages for Gratuitous Services, Application of Griffiths V Kerkemeyer, Interplay With Motor Accidents (lifetime Care and Support) Act 2006 (nsw)
Statutory Interpretation Torts Construction of S 130 a Motor Accidents Compensation Act 1999 (nsw) Damages for Gratuitous Services Application of Griffiths V Kerkemeyer Interplay With Motor Accidents (lifetime Care and Support) Act 2006 (nsw)

Case Brief

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Parties

John Daly

Appellant

Alexander Thiering

First Respondent

Rose Thiering

Second Respondent

WorkCover Authority of New South Wales

Third Respondent

Procedural Posture

Appeal / High Court of Australia; on Appeal From Court of Appeal, Supreme Court of New South Wales

Legal Issues

  1. 1 Whether s 130A Motor Accidents Compensation Act 1999 (NSW) precludes an award of damages for gratuitous attendant care services to a participant in the Motor Accidents (Lifetime Care and Support) Scheme
  2. 2 Proper construction of 'provided for or are to be provided for' in s 130A Motor Accidents Compensation Act 1999 (NSW)

Ratio Decidendi

On the proper construction of s 130A of the Motor Accidents Compensation Act 1999 (NSW), a participant in the Lifetime Care and Support Scheme is precluded from recovering damages for economic loss in respect of treatment and care needs (including gratuitous attendant care services), regardless of whether such services have been paid for, as long as those needs are provided for or are to be provided for under the Scheme.

Court Disposition

Appeal allowed; Court of Appeal order set aside; question 5 reformulated and answered in favour of appellant.

Orders

  • Appeal allowed.
  • Set aside order 2 of the Court of Appeal of the Supreme Court of New South Wales made on 20 February 2013 and in its place order the appeal from the Supreme Court to the Court of Appeal be allowed; set aside the determination and formulation of Question 5 made by the Supreme Court on 19 December 2011 and, in its...