Frigo v Culhaci

In *Frigo v Culhaci*, the Supreme Court of New South Wales was asked to determine whether a plaintiff, who had suffered injuries in a motor vehicle accident, was entitled to recover damages for the cost of future domestic assistance. The defendant admitted liability for the accident. The core of the dispute revolved around the plaintiff's claim for the cost of a carer to assist with household tasks and personal care, which the plaintiff argued was necessary due to her injuries.

The primary legal issue before the Court was whether the plaintiff was entitled to recover damages for the cost of gratuitous domestic assistance provided by her family. Specifically, the Court had to consider the principles established in *Kars v Kars* and *Owner, Sprinkler Co v. Gurnett*, which dealt with the recoverability of damages for services provided gratuitously. The Court was required to assess whether the assistance provided by the plaintiff's family was of a kind that would otherwise have been the subject of a paid service, and whether the plaintiff had a genuine need for such assistance.

The Court reasoned that damages for gratuitous services are recoverable if the services are reasonably necessary as a result of the injury and are of a kind that would otherwise be the subject of a paid service. The Court found that the plaintiff had established a genuine need for domestic assistance due to her injuries. The assistance provided by her family, which included tasks such as cleaning, shopping, and personal care, was of a nature that would typically be performed by paid carers. Therefore, the Court held that the plaintiff was entitled to recover damages for the cost of this future domestic assistance, applying the principles that allow for compensation for reasonably necessary services that would otherwise be paid for.