Lloyd v Norther Rivers Charity Racing Association [2001] NSWCC 27

Compensation Court of New South Wales

CITATION : Lloyd v Norther Rivers Charity Racing Association [2001] NSWCC 27 Kathleen Agnes Lloyd PARTIES : Bronwyn Kimberley Lloyd The Norther Rivers Charity Racing Association MATTER NUMBER(S) : 39398 of 1999; 12698 of 1996 JUDGMENT OF: Walker J at 1 :- ss 59(f) 60 61(1) CATCHWORDS: 61(5) 61(8) 159(2)(A) 1987 Act construed. Intention to enter in binding legal relations in contracts for medical and related services involving family members. The law of necessaries and s 60 contracts Promissory estoppel where insurer guilty of unconscionable conduct LEGISLATION CITED: CASES CITED: DATES OF HEARING: 16/7/98, 28/9/98, 29/9/98, 30/9/98, 13/10/98, 14/12/98, 31/3/99, 12/8/99, 13/8/99, 17/8/99, 20/8/99, 20/12/99, 21/12/99, 22/5/00, 23/5/00, 24/5/00, 4/10/00 DATE OF JUDGMENT: 05/09/2001

FOR APPLICANT: Mr H Bauer instructed by McLellands Solicitors appeared for the Protective Commissioner, Mr A Cooley instructed by Hemphill & Co Solicitors appeared for Kathleen Lloyd LEGAL REPRESENTATIVES: FOR RESPONDENT: Mr P Hall QC with Mr D Priestley instructed by Hunt & Hunt Solicitors

JUDGMENT: THE CITATION 1. In my judgment of 12 August 1999 I ordered that matter No 12698 of 1996 and matter No 39398 of 1999 be heard concurrently. 2. Two claims for compensation require my decision in respect of the application by the Protective Commissioner on behalf of Bronwyn Kimberley Lloyd viz: 1. A claim for weekly benefits pursuant to s 36 and s 37 of the 1987 Act and 2. A claim for s 60 expenses for 24 hour attendant care as defined by s 59(f) of the 1987 Act.