Geaghan v D'Aubert

In *Geaghan v D'Aubert*, the New South Wales Court of Appeal considered an appeal and cross-appeal concerning the assessment of damages following a motor vehicle accident. The primary dispute revolved around the quantum of damages awarded to the respondent, particularly in relation to claims for past and future domestic assistance and loss of earning capacity.

The court was required to determine whether the principles established in *Griffiths v Kerkemeyer* extended to compensation for the provision of care for the injured person's pets or for assistance with their hobbies. Furthermore, the court had to interpret the scope of section 72 of the *Motor Accidents Act 1988* (NSW) in light of these claims and consider the appropriate basis for awarding costs at trial.

The Court of Appeal allowed the appeal, setting aside the District Court's verdict and judgment. It substituted a new judgment for the respondent in a reduced sum of $61,879. The court also varied the costs order from the trial, directing that the appellant pay the respondent's costs on a party/party basis rather than a solicitor/client basis. The respondent was ordered to repay a portion of the awarded sum to the appellant, reflecting the adjustments made to the damages assessment. The cross-appeal was dismissed.