Lloyd v Norther Rivers Charity Racing Association [2001] NSWCC 27

Lloyd v Norther Rivers Charity Racing Association [2001] NSWCC 27

Mrs Lloyd, in agreeing to provide full-time attendant care after 28 October 1993, intended to hold her daughter liable for her services, thus constituting a binding contract for necessaries. The cost of attendant care was reasonably appropriate based on Dial an Angel's rates, and the respondent was liable under s 60 and s 61 for compensation, with interest awarded from the date of written claim. Claims for care prior to 28 October 1993 were not allowed due to lack of intention and application of s 61(5).

Jurisdiction
Australia
Judgment Date
09 May 2001
Procedural Posture
Workers Compensation / Final Judgment
Outcome
judgment for applicant and service provider; indemnity for attendant carers expenses; interest awarded
Legal Topics
['medical and Related Expenses' 'necessaries' 'intention to Create Legal Relations' 'promissory Estoppel' 's 60/61 Workers Compensation Act 1987']
['workers Compensation' 'contract Law'] ['medical and Related Expenses' 'necessaries' 'intention to Create Legal Relations' 'promissory Estoppel' 's 60/61 Workers Compensation Act 1987']

Case Brief

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Procedural Posture

Workers Compensation / Final Judgment

Legal Issues

  1. 1 ['Was Bronwyn Kimberley Lloyd injured in the course of employment?' 'Did she sustain permanent physical and psychological injuries?' 'Was the worker incapable of entering into a binding contract?' 'Did Kathleen Lloyd have standing under s 61(8) and did the court have jurisdiction?' 'Were services provided by Mrs Lloyd necessaries and was there an intention to be bound?' 'Is the respondent estopped from denying a binding agreement?' "Were Mrs Lloyd's services medical or related expenses under s 59(f)?" 'Was the cost of treatment reasonable and appropriate?' 'Is the worker entitled to interest on s 60 expenses?']

Ratio Decidendi

Mrs Lloyd, in agreeing to provide full-time attendant care after 28 October 1993, intended to hold her daughter liable for her services, thus constituting a binding contract for necessaries. The cost of attendant care was reasonably appropriate based on Dial an Angel's rates, and the respondent was liable under s 60 and s 61 for compensation, with interest awarded from the date of written claim. Claims for care prior to 28 October 1993 were not allowed due to lack of intention and application of s 61(5).

Court Disposition

judgment for applicant and service provider; indemnity for attendant carers expenses; interest awarded

Orders

  • ["Respondent indemnify worker for Mrs Lloyd's services pursuant to s 60 in sum of $443,180." 'Respondent pay to worker interest on sum awarded in sum of $148,908.' 'Respondent pay costs of both worker and Kathleen Lloyd.']