Hill v Forrester

In *Hill v Forrester*, the New South Wales Court of Appeal considered an appeal concerning damages for personal injuries, specifically the entitlement to compensation for gratuitous care provided to the plaintiff. The dispute centred on the interpretation of section 15(3) of the *Civil Liability Act 2002* (NSW), which imposes a threshold requirement for claiming damages for gratuitous care.

The primary legal issue before the Court of Appeal was whether the plaintiff was entitled to damages for periods of gratuitous care that did not meet the statutory requirement of six continuous months of care. The plaintiff argued that even if individual periods of care were shorter than six months, they should be aggregated or considered in a way that allowed for compensation, particularly for care provided before the six-month threshold was met.

The Court of Appeal, in allowing the appeal, determined that section 15(3) of the *Civil Liability Act 2002* (NSW) requires a single period of gratuitous care to be continuous for at least six months before damages can be awarded for it. The court rejected the plaintiff's submission that earlier periods of care, even if less than six months, could be compensated. The court found that the plain wording of the section precluded recovery for care that did not meet the continuous six-month duration. Consequently, the judgment of the District Court was set aside, and judgment was entered for the plaintiff for a reduced sum of $34,409.00, with orders regarding the costs of both the District Court proceedings and the appeal.