Harrison v Melhem & Anor (No 2) [2006] NSWSC 1293

Harrison v Melhem & Anor (No 2) [2006] NSWSC 1293

Bound by the Court of Appeal's purposive interpretation in Roads and Traffic Authority v McGregor & Anor, the court held that no damages can be awarded for attendant care services after 13 December 2001 under s 15(3) CLA, leading to an award only for past attendant care services.

Jurisdiction
Australia
Judgment Date
29 November 2006
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff.
Legal Topics
['attendant Care Services' 'interpretation of S 15(3) Civil Liability Act 2002 (nsw)']
['personal Injury'] ['attendant Care Services' 'interpretation of S 15(3) Civil Liability Act 2002 (nsw)']

Case Brief

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Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 ['Whether s 15(3) of the Civil Liability Act 2002 (NSW) precludes damages for attendant care services provided for less than 6 hours per week and less than 6 months' 'Whether to follow the purposive or natural meaning construction of s 15(3) CLA']

Ratio Decidendi

Bound by the Court of Appeal's purposive interpretation in Roads and Traffic Authority v McGregor & Anor, the court held that no damages can be awarded for attendant care services after 13 December 2001 under s 15(3) CLA, leading to an award only for past attendant care services.

Court Disposition

Judgment for the plaintiff.

Orders

  • ['Judgment for the plaintiff in the sum of $637,409.62.' "The defendants are to pay the plaintiff's costs as agreed or assessed."]