The market cost of care services for the purpose of assessing Griffiths v Kerkemeyer damages is a question of fact in each case, not a rule of law requiring the agency charge-out rate. Where carers can be engaged directly at the award rate without the intermediation of an employment agency, the lower rate may be appropriate. However, where a plaintiff's injuries create a need for case management, that need must be valued at market cost even if the service is provided gratuitously by a family member. The decision of this Court in Goode v Thompson does not establish a rule that the agency rate must always be used; it establishes that the market cost is a question of fact affected by the nature of the services required and the plaintiff's capacity to organise those services.
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