The former Common Law (Miscellaneous Actions) Act 1986 (Tas), s 5, was limited in scope to gratuitous 'services' (domestic, nursing and attendance) and did not extend to expenses incurred by relatives on behalf of an injured plaintiff; such expenses remained recoverable under Griffiths v Kerkemeyer principles. When assessing damages for impairment of earning capacity, a trial judge is not obliged to compound percentage reductions for contingencies and residual earning capacity — adding them together is a permissible methodology. The Full Court will take a very cautious and conservative approach to exercising any discretion to entertain arguments not raised in grounds of appeal or cross-appeal.
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