Liverpool City Council v Altaf Laskar

[2010] NSWCA 52

NSW Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Personal injury
3. › Loss of capacity to provide domestic services
4. › Meaning of 'domestic services'
5. › Whether phrase includes nursing and palliative care services
6. › Whether restricted meaning should be given
7. › Civil Liability Act 2002 (NSW), s 15B(2)
1. Statutory Interpretation
2. › Construction of defined terms
3. › Relationship between definitions in different sections of same Act
4. › Whether definition in one section limits meaning in another
5. › Civil Liability Act 2002 (NSW), ss 15, 15B
1. Appeal
2. › New point on appeal
3. › Whether leave should be granted to raise argument not raised at trial
4. › Prejudice to other party
5. › Concession by counsel at trial
6. › Whether point could have been cured below
1. Appeal
2. › Review of factual findings
3. › Whether finding was 'glaringly improbable'
4. › Assessment of witness credibility
5. › Estimation of hours of care

Quick Take

The phrase 'domestic services' in s 15B(2) of the Civil Liability Act 2002 (NSW) is to be given its ordinary meaning and is not restricted to exclude nursing or palliative care services. Services such as catheterisation, showering assistance, lifting, and physiotherapy exercises for a disabled dependent fall within the meaning of 'gratuitous domestic services'. The definition of 'attendant care services' in s 15(1), which distinguishes between domestic, nursing and palliative care services, does not limit the scope of 'domestic services' in s 15B. The outer limits of the phrase remain undefined, particularly regarding educative, sporting or cultural services.