Sullivan v Gordon [1999] NSWCA 338

Sullivan v Gordon [1999] NSWCA 338

A plaintiff who has lost the capacity to provide care for a child is entitled to damages assessed on the Griffiths v Kerkemeyer basis, not restricted to general damages, and such claims are quantifiable according to the market cost of care, subject to statutory caps. The previous decision in Burnicle v Cutelli is overruled to the extent it held otherwise. The award for care must reflect both the appellant's personal needs and her need to have her children cared for, and the deduction for vicissitudes in future economic loss should be reduced to 30%.

Jurisdiction
Australia
Judgment Date
22 September 1999
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
['damages' 'assessment of Damages' 'care Claims' 'loss of Capacity' 'vicissitudes' 'gratuitous Services' 'childcare After Injury']
['tort Law' 'personal Injury' 'motor Vehicle Accidents'] ['damages' 'assessment of Damages' 'care Claims' 'loss of Capacity' 'vicissitudes' 'gratuitous Services' 'childcare After Injury']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether damages for loss of capacity to care for children are compensable on the same basis as Griffiths v Kerkemeyer claims' 'Whether Burnicle v Cutelli should remain law in New South Wales regarding claims for care of others' 'Appropriate quantification of damages for care needed by the appellant and her children' 'Correct percentage deduction for vicissitudes in assessing future economic loss']

Ratio Decidendi

A plaintiff who has lost the capacity to provide care for a child is entitled to damages assessed on the Griffiths v Kerkemeyer basis, not restricted to general damages, and such claims are quantifiable according to the market cost of care, subject to statutory caps. The previous decision in Burnicle v Cutelli is overruled to the extent it held otherwise. The award for care must reflect both the appellant's personal needs and her need to have her children cared for, and the deduction for vicissitudes in future economic loss should be reduced to 30%.

Court Disposition

Appeal allowed

Orders

  • ['Appeal allowed.' 'Parties to bring in Short Minutes of Order reflecting these reasons of the Court within seven days.']