Limitations on gratuitous attendant care – further developments

Hill v Forrester [2010] NSWCA 170

Background

The NSW Court of Appeal recently considered the amendments to s15(3) Civil Liability Act 2002 ('the Act') relating to damages for gratuitous attendant care. The decision considered what is required to satisfy the threshold that gratuitous attendant care services be provided for at least six hours per week and for a period of at least six consecutive months.

Facts

The plaintiff was successful at trial and was awarded damages for gratuitous attendant care as follows:

• 15 September 2005 to 12 October 2005 – 27 days for 35 hours per week
• 27 October 2005 to 11 November 2005 – 15 days for 35 hours per week
• 29 December 2005 to 31 December 2006 – 52 weeks for between 10 and 24 hours per week