Geaghan v D'Aubert [2002] NSWCA 260

Geaghan v D'Aubert [2002] NSWCA 260

Section 72(2) of the Motor Accidents Act 1988 requires both limbs (a) and (b) to be satisfied for compensation for domestic assistance; compensation is not payable unless services are provided for more than 6 hours per week and more than 6 months. Griffiths v Kerkemeyer does not include compensation for care of animals kept as a hobby. Plaintiff's disabilities were not likely to cause future economic loss.

Jurisdiction
Australia
Judgment Date
13 August 2002
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed; cross-appeal dismissed.
Legal Topics
['motor Vehicle Accident' 'assessment of Damages' 'domestic Assistance' 'statutory Construction']
['tort Law'] ['motor Vehicle Accident' 'assessment of Damages' 'domestic Assistance' 'statutory Construction']

Case Brief

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Construction of section 72(2) of the Motor Accidents Act 1988 regarding compensation limit for domestic assistance' 'Whether damages for domestic assistance under Griffiths v Kerkemeyer include care for pets or hobbies' 'Assessment of loss of future earning capacity']

Ratio Decidendi

Section 72(2) of the Motor Accidents Act 1988 requires both limbs (a) and (b) to be satisfied for compensation for domestic assistance; compensation is not payable unless services are provided for more than 6 hours per week and more than 6 months. Griffiths v Kerkemeyer does not include compensation for care of animals kept as a hobby. Plaintiff's disabilities were not likely to cause future economic loss.

Court Disposition

Appeal allowed; cross-appeal dismissed.

Orders

  • ['The verdict and judgment in the District Court set aside and in lieu thereof a verdict and judgment be entered for the respondent in the sum of $61,879.' "The trial judge's order that the appellant pay the respondent's costs of the trial on a solicitor/client basis from 13 May 1999 be set aside and in lieu thereof...