Daly v Thiering [2013] HCA 45: Motor Vehicle Compensation
Wednesday 6 November 2013 @ 12.09 p.m. | Legal Research
Today, in the decision of Daly v Thiering [2013][ HCA 45, the High Court unanimously allowed an appeal against a decision of the Court of Appeal of the Supreme Court of New South Wales, which clarified the position of section 130A of the Motor Accidents Compensation Act 1999 (NSW) in respect of the treatment and care needs of a participant in the Lifetime Care and Support Scheme where those needs had been met by services rendered gratuitously.
The Facts
On 28 October 2007, the first respondent (Daly) suffered catastrophic and permanent injuries in a motor vehicle accident. Since that time, he has been a participant in the Scheme established under the Motor Accidents (Lifetime Care and Support) Act 2006 (NSW) and administered by the Lifetime Care and Support Authority of New South Wales.
Pursuant to arrangements between the Authority and Daly's mother, a significant part of the first respondent's domestic care provided for under the Scheme was undertaken gratuitously by his mother.
The Court of Appeal
Daly sued the appellant (the driver of the motor vehicle allegedly at fault) (Thiering) for damages in negligence, claiming, among other things, the value of the services provided by his mother. In reliance upon s 130A, Thiering denied liability for that part of the claim on the basis that it was for economic loss in respect of Daly's treatment and care needs which were already provided for under the Scheme.
The Court of Appeal held that, to the extent that Daly's treatment and care needs were not paid for, they were not provided for under the Scheme, and might therefore be regarded as economic loss compensable by an award of damages.
The High Court Decision
The High Court held that s 130A precluded participants in the Scheme from recovering damages for economic loss in respect of their treatment and care needs which were provided for under the Scheme, even though they were rendered gratuitously.
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