MORGAN and ORS v GIBSON [1997] NSWCA 212

MORGAN and ORS v GIBSON [1997] NSWCA 212

Griffiths v Kerkemeyer damages are assessed based on the plaintiff's subjective need for assistance, irrespective of whether others benefit from the services or the service standards exceed 'reasonableness', provided the cost is reasonable and criteria in s72 of the Motor Accidents Act 1988 are met.

Parties
Appellant: Morgan and Others; Respondent: Gibson
Jurisdiction
Australia
Judgment Date
06 June 1997
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed with costs.
Legal Topics
Damages, Motor Vehicle Accident, Griffiths V Kerkemeyer Damages
Personal Injury Tort Law Damages Motor Vehicle Accident Griffiths V Kerkemeyer Damages

Case Brief

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Parties

Morgan and Others

Appellant

Gibson

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the assessment of Griffiths v Kerkemeyer damages was excessive
  2. 2 Whether the Griffiths v Kerkemeyer damages should be discounted because others derive a benefit from the services provided
  3. 3 Whether the respondent is only entitled to compensation for her reasonable needs or to restore her prior standard of living

Ratio Decidendi

Griffiths v Kerkemeyer damages are assessed based on the plaintiff's subjective need for assistance, irrespective of whether others benefit from the services or the service standards exceed 'reasonableness', provided the cost is reasonable and criteria in s72 of the Motor Accidents Act 1988 are met.

Court Disposition

Appeal dismissed with costs.

Orders

  • Appeal dismissed with costs.