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 2010JUDGMENT 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 2005CATEGORY: 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 JAPARTIES: 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 - RespondentSOLICITORS: McCulloch & Buggy - Appellant
Brydens Lawyers - RespondentLOWER COURT JURISDICTION: District Court LOWER COURT FILE NUMBER(S): DC 4548/06 LOWER COURT JUDICIAL OFFICER: Judge Ainslie-Wallace
CA 2009/40260
DC 4548/2006TUESDAY 20 April 2010BEAZLEY JA
MACFARLAN JA
WHEALY J
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…
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- Case
- [2010] NSWCA 52
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the Court of Appeal was whether the phrase "domestic services" in section 15B(2) of the *Civil Liability Act 2002* should be given a restricted meaning, thereby limiting the types of services that could be compensated. A secondary issue was whether leave should be granted to raise a point not relied upon in the District Court, considering potential prejudice to the respondent and whether the factual findings on damages were "glaringly improbable".
The Court of Appeal dismissed the appeal. It held that the phrase "domestic services" in section 15B(2) should not be given a restricted meaning. The Court reasoned that the ordinary and natural meaning of the words should prevail, and there was no indication within the statutory language or its context to suggest a narrower interpretation. The Court also found no error in the factual findings of the District Court regarding damages, and therefore, the appeal was dismissed. The appellant was ordered to pay the respondent's costs of the appeal.
Orders
Orders of the court
Appeal dismissed. Order the appellant to pay the respondent's costs of the appeal.
Background
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