Van Gervan v Fenton [1992] HCA 54

Van Gervan v Fenton [1992] HCA 54

The proper measure of damages for gratuitous care provided due to injury is the market value of the services reasonably required by the plaintiff, not the income forgone by the provider, except in rare cases where those values are objectively comparable.

Jurisdiction
Australia
Procedural Posture
Appeal / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Tasmania
Outcome
Appeal allowed.
Legal Topics
['assessment of Damages' 'gratuitous Services' 'personal Injury' 'griffiths V Kerkemeyer Damages' 'valuation of Services']
['tort Law'] ['assessment of Damages' 'gratuitous Services' 'personal Injury' 'griffiths V Kerkemeyer Damages' 'valuation of Services']

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Procedural Posture

Appeal / Appeal to the High Court of Australia From the Full Court of the Supreme Court of Tasmania

Legal Issues

  1. 1 ["Whether damages for gratuitous care provided by a spouse should be assessed by reference to the provider's lost earnings or the market value of the services." 'Method of assessing damages for care provided to an injured plaintiff by a relative.']

Ratio Decidendi

The proper measure of damages for gratuitous care provided due to injury is the market value of the services reasonably required by the plaintiff, not the income forgone by the provider, except in rare cases where those values are objectively comparable.

Court Disposition

Appeal allowed.

Orders

  • ['Order of the Full Court of the Supreme Court of Tasmania set aside.' 'Matter remitted to the trial judge to hear further evidence and assess such additional damages as the appellant may be entitled to in accordance with the judgment of this Court.']