Gratuitous services and the Lifetime Care and Support Scheme – a strategy going forward

Judgment date: 19 December 2011

Thiering v Daly (No.2) [2011] NSWSC 1585

Supreme Court of NSW¹

Background

Justice Garling delivered the primary judgment in Thiering v Daly [2011] NSWSC 1345 in November 2011. A Curwoods Case Note was issued on 11 November 2011 addressing the decision in detail. Briefly, his Honour found that:

1. A Lifetime Care & Support Scheme (LCS Scheme) participant is entitled to recover damages from the motor vehicle tortfeasor for past gratuitous attendant care services;
2. Damages for future gratuitous attendant care services are not recoverable as damages by a LCS Scheme participant, as such services are subsumed within the LCS Scheme; and
3. A LCS Scheme participant is entitled to have his/her attendant care needs met directly by the Lifetime Care & Support Scheme Authority (LCS Authority), as assessed by a treatment and care needs plan².