Grosso v Deaton

In *Grosso v Deaton*, the Court of Appeal of New South Wales considered an appeal concerning damages awarded under the *Compensation to Relatives Act*. The case involved the death of a single mother of two sons in a motor vehicle accident. Following her death, the sons resided with their respective fathers. The central dispute revolved around whether the sons had suffered a compensable loss.

The primary legal issue before the Court of Appeal was to determine the nature of compensable loss under the *Compensation to Relatives Act* in the context of the deceased's children. Specifically, the court had to consider whether the loss was to be assessed as a material loss at the moment of death, and how the overall family situation, both before and after the death, should be taken into account. The court also had to determine the extent to which additional care provided by a surviving parent could offset the loss, and whether gratuitous services from other family and friends were relevant.

The Court of Appeal reasoned that compensable loss under the Act is a material loss assessed as at the moment of death. It held that the entire family situation, both before and after the death, must be compared to ascertain this loss. While acknowledging that additional care provided by a surviving parent after the death could be taken into account to offset the loss, the court clarified that gratuitous services provided by other family members and friends were not to be considered.

The Court of Appeal allowed the appeal, setting aside the judgment and orders of the District Court. It entered judgment for the appellant against the respondent in the sum of $413,670, to be paid into court for apportionment between the two sons. The respondent was ordered to pay the appellant's costs in both the District Court and the Court of Appeal, and was granted a certificate under the *Suitor's Fund Act 1951* (NSW) in respect of the appeal costs. Leave was granted for the parties to approach the duty judge for orders regarding the disbursement of the fund.