Section 15(2) of the Civil Liability Act 2002 (NSW) does not require expert medical evidence to differentiate the need for gratuitous attendant care services arising from a compensable injury from needs arising from a pre-existing condition; lay evidence from the claimant and family members, including diaries and evidence of pre-injury lifestyle, may be sufficient. For future services, the absence of medical evidence is not fatal where the court can be satisfied on the available evidence that an identifiable component of the future need is referable to the injury.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.