HILL v FORRESTER [2010] NSWCA 170

HILL v FORRESTER [2010] NSWCA 170

A claimant can recover damages for gratuitous attendant care services if gratuitous services have been provided for at least six hours per week and for a period of at least six consecutive months; the duration requirement is a threshold. Once satisfied, damages for earlier periods of care at the minimum rate can also be awarded. Damages for periods where care is provided for less than six hours per week or interrupted by hospitalisation cannot be recovered.

Jurisdiction
Australia
Judgment Date
10 November 2010
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed in part
Legal Topics
['gratuitous Care' 'threshold Requirements' 'statutory Interpretation']
['damages' 'civil Liability' 'personal Injury'] ['gratuitous Care' 'threshold Requirements' 'statutory Interpretation']

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Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to damages for gratuitous care for periods less than six consecutive months under s 15(3) Civil Liability Act' "Interpretation of the 'intensity' and 'duration' requirements under s 15(3) of the Civil Liability Act" 'Applicability of s 15(3) to periods of care interrupted by hospitalisation or less than six hours per week']

Ratio Decidendi

A claimant can recover damages for gratuitous attendant care services if gratuitous services have been provided for at least six hours per week and for a period of at least six consecutive months; the duration requirement is a threshold. Once satisfied, damages for earlier periods of care at the minimum rate can also be awarded. Damages for periods where care is provided for less than six hours per week or interrupted by hospitalisation cannot be recovered.

Court Disposition

Appeal allowed in part

Orders

  • ['The judgment of the District Court (including the order as to costs) set aside.' 'Substitute judgment for the respondent in the sum of $34,409.00.' "Defendant (appellant) to pay plaintiff's (respondent) costs of the District Court proceedings on the ordinary basis." "Respondent to pay 50% of appellant's costs of...