Change To Gratuitous Care Assessment

Case

In Harrison -v- Melhem [2008] NSWCA67 (29

May 2008), the NSW Court of Appeal changed the law in

respect of assessing damages of attendant care

services/gratuitous services in personal injury claims. The

decision has affected the interpretation of section 128(3) of

the Motor Accidents Compensation Act and section 15(3)

of the Civil Liability Act. Plaintiff's are now

only required to satisfy either of the two threshold tests to

be entitled to gratuitous services. Mason P, in the majority,

at paragragh 181 decided:

" On this basis, I construe section 15(3) (which

is the equivalent to section 128(3) of the Motor Accidents

Compensation Act) as a preclusion from the award of Griffiths

-v- Kerkemeyer damages unless the plaintiff can

overcome one of the two thresholds by showing either that the

gratuitous services are...