Liverpool City Council v Altaf Laskar

Reported Decision: 77 NSWLR 666

New South Wales

Court of Appeal

CITATION:	Liverpool City Council v Altaf Laskar [2010] NSWCA 52
HEARING DATE(S):	24/03/10
JUDGMENT DATE:	20 April 2010
JUDGMENT OF:	Beazley JA at 1; Macfarlan JA at 13; Whealy J at 14
DECISION:	Appeal dismissed. Order the appellant to pay the respondent's costs of the appeal.
CATCHWORDS:	APPEAL from District Court - Damages appeal - Proper construction of s 15B(2) of Civil Liability Act 2002 - Meaning of phrase "domestic services" - Statutory interpretation - Whether phrase to be given a restricted meaning - Whether leave should be given to raise a point not relied on below - prejudice to other party - Whether factual findings on damages were "glaringly improbable".
LEGISLATION CITED:	Civil Liability Act 2002 Civil Liability Amendment Act (No 50 of 2006) Uniform Civil Procedure Rules 2005
CATEGORY:	Principal judgment
CASES CITED:	Oaktwig Pty Ltd v Williams [2008] NSWCA 106 Suttor v Gundowda (1950) 81 CLR 418 at 438 White v Operland [2001] FCA 1333 Coulton v Holcombe (1986) 162 CLR 1 at 7/8 Metwally v University of Wollongong (1985) 68 ALR 68 at 71-72 O'Sullivan v Watson (1986) 7 NSWLR 693 at 702G-703C Amaca Pty Limited v Novek [2009] NSWCA 50 at [27] - [29] Griffiths v Kerkemeyer (1977) 139 CLR 161 Van Gervan v Fenton (1992) 175 CLR at 332-333 CSR Limited v Eddy [2005] HCA 64; [2005] 226 CLR 1 Sullivan v Gordon (1999) NSWCA 338; (1999) 47 NSWLR 319 Marsland v Andjelic (1993) 31 NSWLR 162 Brunskill v Sovereign Marine and General Insurance Co Limited (1985) 59 ALJR 842 at 844; 62 ALR 53 at 73 Galea v Galea (1990) 19 NSWLR 263 at 264 Yarrabee Coal Company Pty Limited & Anor v Lujans [2009] NSWCA 85 per Beazley JA
PARTIES:	Liverpool City Council v Altaf Laskar
FILE NUMBER(S):	CA CA 40260/09
COUNSEL:	Mr J Maconachie QC; J Stewart - Appellant Ms Norton SC; Ms M Fraser - Respondent
SOLICITORS:	McCulloch & Buggy - Appellant Brydens Lawyers - Respondent
LOWER COURT JURISDICTION:	District Court
LOWER COURT FILE NUMBER(S):	DC 4548/06
LOWER COURT JUDICIAL OFFICER:	Judge Ainslie-Wallace

CA 2009/40260
DC 4548/2006

BEAZLEY JA
MACFARLAN JA
WHEALY J

TUESDAY 20 April 2010

LIVERPOOL CITY COUNCIL v Altaf LASKAR

Judgment

1 BEAZLEY JA: In my opinion, the appeal in this matter should be dismissed. The principal ground argued by the appellant was the proper construction of the Civil Liability Act 2002, s 15B(2). In this regard, as Whealy J explains at [15], the appellant argued that the award of damages was not authorised by s 15B on the basis that the services provided to the respondent’s daughter were not “domestic services” within the meaning of s 15B(2). In submissions in reply, the appellant accepted, without conceding, that some of the services provided by the respondent to his disabled daughter may have fallen within the description of “domestic services” within the meaning of 15B.

2 At trial, counsel for the appellant…