Where an injury is an aggravation of a pre-existing degenerative condition, the requirement in s 15(2)(b) of the Civil Liability Act 2002 (NSW) that the need for gratuitous attendant care services arose 'solely because of the injury' is satisfied if there is no medical evidence that the pre-existing condition would have, on the balance of probabilities, brought the claimant to the same condition in the future. The Court also indicated, without finally deciding, that where the need for attendant care services has more than one cause, damages may be awarded for the portion attributable solely to the accident.
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