15 Jun 2007
ESTATE OF SYDNEY CLAUDE SIMPSON V ACCIDENT COMPENSATION CORPORATION CA CA74/06
- Citation
- openlaw-03da880e_4c54_4518_b7ea_ec65f1d2e9f5.pdf
- Court
- Court of Appeal
Sections 121(2)(b) of the 1972 Act and 80(2)(b) of the 1982 Act require proof of actual, identifiable pecuniary loss or expense incurred before ACC may exercise its discretion to pay; gratuitous family attendant care without such monetary detriment is not compensable under those provisions, and 'constant personal attention' in s 80(3) requires a level of care across the 24‑hour period such that the Matthews facts did not meet that threshold.