Falco v Aiyaz; Falco v Falzon [2015] NSWCA 202

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Falco v Aiyaz; Falco v Falzon [2015] NSWCA 202 Hearing dates: 29 May 2015 Decision date: 17 July 2015 Before: Macfarlan JA at [1]; Emmett JA at [2]; Sackville AJA at [19] Decision: Matter No 2014/146669 (Falco v Aiyaz)

1. Appeal dismissed. 2. The appellant pay the respondent's costs of the appeal. 3. Cross-appeal allowed. 4. Set aside the judgment entered on 24 April 2014 in favour of the appellant. 5. In lieu thereof, enter judgment for the appellant in the sum of $5,805.25. 6. The appellant, if otherwise qualified, to have a certificate under the Suitors' Fund Act 1951 (NSW).

Matter No 2014/146657 (Falco v Falzon)

1. Appeal dismissed. 2. The appellant pay the respondent's costs of the appeal. 3. Cross-appeal allowed. 4. Set aside the judgment entered on 24 April 2014 against the respondent. 5. In lieu thereof enter judgment for the appellant in the sum of $81,240.10. 6. The appellant, if otherwise qualified, to have a certificate under the Suitors' Fund Act 1951 (NSW). Catchwords: MOTOR ACCIDENTS COMPENSATION – assessment of damages - appellant injured in two separate motor vehicle accidents – appellant developed psychiatric condition - both proceedings were heard together in District Court – primary Judge found appellant required seven hours of domestic assistance - damages apportioned 50:50 between the two respondents – whether primary Judge erred in assessment of non-economic loss and need for domestic assistance – whether threshold requirement for awarding damages for past and future gratuitous care prescribed by s 141B(3) of the Motor Accidents Compensation Act 1999 (NSW) satisfied Legislation Cited: Civil Liability Act 2002 (NSW), ss 15(2)(b), 31 Civil Liability Legislation Amendment Act 2008 (NSW), Sch 2.2 [1]; Sch 2.2 [3] Civil Procedure Act 2005 (NSW), s 56(1) Motor Accidents and Lifetime Care and Support Schemes Legislation Amendment Act 2012 (NSW), Sch 2 [3] Motor Accidents Compensation Act 1999 (NSW), ss 122(1), 141B(3); Sch 5 [34] Suitors' Fund Act 1951 (NSW)