Coles Supermarkets Australia Pty Limited v Haleluka

[2012] NSWCA 343

NSW Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Personal injury
3. › Non-economic loss
4. › Assessment as percentage of most extreme case
5. › Whether assessment of 30% outside range reasonably open
6. › Civil Liability Act 2002 (NSW), s 16
1. Damages
2. › Personal injury
3. › Future economic loss
4. › Method of assessment
5. › Whether buffer approach required
6. › Rejection of buffer where underlying facts not so imprecise as to require it
7. › Civil Liability Act 2002 (NSW), s 13
1. Damages
2. › Personal injury
3. › Domestic assistance
4. › Past gratuitous attendant care services
5. › Whether objective standard of efficiency required in assessing hours of gratuitous care
6. › Factual finding of seven hours per week
7. › Civil Liability Act 2002 (NSW), s 15
1. Damages
2. › Personal injury
3. › Domestic assistance
4. › Future paid domestic assistance
5. › Whether award for lifetime of paid care justified
6. › Whether age-related need for assistance should reduce award
7. › Civil Liability Act 2002 (NSW), s 15

Quick Take

Section 15 of the Civil Liability Act 2002 (NSW) does not require that the time taken by a gratuitous care provider be assessed against an objective standard of efficiency; the actual hours taken by the family member providing care are compensable provided there is a reasonable need for the services. A buffer approach to future economic loss under s 13 is not mandated where the underlying facts permit a more precise calculation based on percentage incapacity and weekly rates.