Section 15B damages for loss of capacity to provide gratuitous domestic services are properly calculated by reference to the statutory hourly rate multiplied by the hours of care the claimant would have provided, not by reference to the commercial cost of replacement services such as nursing home care. The loss compensated is the claimant's loss of capacity, not the cost of replacing the services. Findings as to life expectancy and hours of care are findings of fact not amenable to appellate review under s 32(1) of the Dust Diseases Tribunal Act 1989 (NSW).
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.