Grandchildren may be 'dependants' of a grandparent under s 15B of the Civil Liability Act 2002 (NSW) notwithstanding that their parents are alive and have a legal obligation to care for them; dependency is a question of fact. Under s 15B(11)(b), the benefit to parents of being freed to work by the provision of childcare is a collateral benefit outside the scope of the mandatory deduction, which requires the act of providing the services to have itself benefited ineligible persons. A Calderbank offer made at first instance that has lapsed does not, without more, support an award of indemnity costs on appeal.
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