Under s 78(1) of the Workers Rehabilitation and Compensation Act (NT), 'costs incurred' for attendant care services is not confined to actual monetary costs but includes the value of gratuitous services provided by family members, assessed by reference to what is reasonable and necessary. Section 109(1) interest at 20% per annum may be appropriate given the coercive objectives of the provision. Punitive damages under s 109(3) require conduct reaching the 'reprehensible' threshold and the discretion must be exercised on correct factual findings. The Work Health Court does not have power to order solicitor/client costs under the Act.
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