Grincelis v House [2000] HCA 42

HIGH COURT OF AUSTRALIA

GLEESON CJ,

GAUDRON, McHUGH, GUMMOW, KIRBY, HAYNE AND CALLINAN JJ

ANDREW GRINCELIS by his next friend

TADAS GRINCELIS APPELLANT

AND

STEPHEN HOUSE RESPONDENT

Grincelis v House [2000] HCA 42

3 August 2000

C20/1999

ORDER

1. Appeal allowed with costs.

2. Vary paragraph 1 of the order of the Full Court of the Federal Court of Australia made on 1 July 1998 by deleting the sum of $4,524,910 and substituting the sum of $4,680,370.

3. Application for special leave to cross-appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation:

L M Morris QC with C E Adamson for the appellant (instructed by Abbott Tout Harper & Blain)

M J Neil QC with R C Tonner for the respondent (instructed by J M Crestani)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

Catchwords

Grincelis v House

Damages – Interest – Personal Injuries – Damages awarded for past services provided to the appellant gratuitously – Whether interest should be allowed – Rate of interest – Commercial rate or Gogic rate.

Supreme Court Act 1933 (ACT), s 69.

GLEESON CJ, GAUDRON, McHUGH, GUMMOW AND HAYNE JJ. On 15 February 1989, the appellant, then aged 39 years, sustained severe brain damage, and other serious injuries, when a motor vehicle driven by the respondent collided with the appellant as he was riding his bicycle along Parkes Way in the Australian Capital Territory. The appellant was treated in hospital until 23 December 1989 when he was discharged to his parents' care. Because of the injuries he suffered, he has required care since his discharge from hospital. For all practical purposes, his parents provided all of that care up to the time of the proceedings to which reference will later be made.

The question in this appeal is what, if any, interest should be allowed pursuant to s 69 of the Supreme Court Act 1933 (ACT) on the amount of damages awarded to the appellant in respect of services rendered to him by his parents, without reward, between the date of his discharge from hospital and the date on which the damages were assessed[1].