Liverpool City Council v Altaf Laskar

Liverpool City Council appealed to the Court of Appeal of New South Wales against a decision of the District Court awarding damages to Altaf Laskar. The dispute concerned the proper construction of section 15B(2) of the *Civil Liability Act 2002* (NSW), specifically the meaning of the phrase "domestic services" in the context of assessing damages for gratuitous services. The Council contended that the District Court had erred in its interpretation of this phrase.

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.