S v State of New South Wales (No 3) [2010] NSWSC 848

New South Wales Supreme Court

CITATION : S v State of New South Wales (No 3) [2010] NSWSC 848

HEARING DATE(S) : 26 March 2010

JUDGMENT DATE : 6 August 2010

JUDGMENT OF : Harrison J

1. For the period from 1 May 2003 until 6 August 2010 I award a sum of $59,377.50 calculated for nine hours per week at the average hourly rate of $17.50 pursuant to s 15 of the Civil Liability Act 2002. 2. For the period from 7 August 2010 I award a sum of $140,725.60 calculated for nine hours per week at the average hourly rate of $19.75 pursuant to s 15 of the Civil Liability Act 2002 by reference to a five per cent multiplier over 42 years of 931.6. DECISION : 3. For the period from 1 February 2007 until 6 August 2010 I award a sum of $19,380 calculated for six hours per week at the average hourly rate of $19 pursuant to s 15B of the Civil Liability Act 2002. 4. For the period from 7 August 2010 until 6 August 2016 I award a sum of $32,160.90 calculated for six hours per week at the average hourly rate of $19.75 pursuant to s 15B of the Civil Liability Act 2002 by reference to a five per cent multiplier over six years of 271.4. 5. Direct the parties to bring in short minutes of order to give effect to these reasons by no later than 4.00pm on Friday 13 August 2010.

CATCHWORDS : DAMAGES – assessment of damages for personal injury – past and future domestic assistance – gratuitous attendant care services – loss of capacity to provide domestic assistance and care

Civil Liability Act 2002 LEGISLATION CITED : Civil Procedure Act 2005 Evidence Act 1995

CATEGORY : Consequential orders

CASES CITED : Kendrick v Bluescope Steel (AIS) Pty Ltd [2007] NSWSC 1288