Gibbs, Stephen and Mason JJ
Summary
The High Court of Australia established a precedent allowing injured plaintiffs to claim damages for the commercial value of gratuitous care provided by friends or relatives.
Background Facts
The plaintiff was involved in a motor vehicle accident, caused by the defendant’s negligence. As a result of the accident, he was left quadriplegic, and unable to look after himself. His fiancée and family members provided essential nursing and domestic services without payment. The primary judge concluded that the plaintiff’s fiancée could not continue to care for him without paid assistance, and the plaintiff recovered damages for gratuitous care. The defendant appealed the decision on the ground that the damages awarded were excessive. There was also a cross-appeal by the plaintiff on the ground that the damages awarded were inadequate.
Issue
The central issue was whether an injured person could recover damages for gratuitously provided services that would otherwise require commercial payment.
Decision
The High Court held that in a claim for personal injury, the plaintiff is entitled to recover damages for the cost of nursing and domestic services that have been provided in the past, and will be provided in the future, to the plaintiff by his or her family or friends. The Court considered that if not for the voluntary services of his family, the required care would otherwise have been provided through services requiring payment. It was also considered that, to provide such care, it was likely that the provider would suffer financial loss in doing so. The appeal and cross-appeal were dismissed.
Implications
As a result of the High Court decision, an injured person may claim for compensation for the voluntary work of third parties. This principle has been further regulated by Section 59 of the Civil Liability Act 2003 (QLD). The Act provides that any compensation for gratuitous care must be:
- For services that are necessary for the injured person; and
- The injured person’s need for the services arises solely out of the injury, for which compensation is being sought; and
- These services are provided or are to be provided for at least six hours per week and for at least six months following the injury (it is not a requirement that care be provided for six consecutive months, rather six months cumulatively).