Miller v Galderisi

In *Miller v Galderisi*, the Court of Appeal of New South Wales considered an appeal concerning damages awarded to the respondent following a motor vehicle accident. The primary dispute revolved around the extent to which the respondent was entitled to damages for both gratuitous domestic assistance and future economic loss, specifically loss of earning capacity.

The court was required to determine whether the trial judge erred in awarding damages for commercial domestic assistance when the assistance provided was gratuitous and there was only a slight chance of the respondent requiring such services commercially in the future. Furthermore, the court had to assess whether damages for loss of earning capacity were warranted, given that the prospect of the respondent having earned significant income but for the accident was merely speculative. The relevant legislation considered included section 128 of the *Motor Accidents Compensation Act 1999* (NSW).

The Court of Appeal found that the trial judge had erred in awarding damages for commercial domestic assistance. Applying the principles governing such claims, the court determined that the evidence did not support an award for future commercial assistance, as the likelihood of the respondent needing such services was too remote. Similarly, the court concluded that the claim for loss of earning capacity was also too speculative to warrant an award of damages.

Consequently, the appeal was allowed, and the original verdict and judgment in favour of the respondent were set aside. The judgment was varied to reflect a sum of $9,111.11 in favour of the respondent, and the respondent was ordered to pay the appellant’s costs of the appeal, with a certificate under the *Suitors’ Fund Act 1951* to be provided if the respondent qualified.