Piatti v ACN 000 246 542 Pty Ltd

In *Piatti v ACN 000 246 542 Pty Ltd*, the appellant, Mr. Piatti, appealed to the Court of Appeal of New South Wales against a decision concerning damages awarded for the loss of his capacity to provide gratuitous domestic services to his wife, who suffered from a dust disease. The primary judge had awarded damages for this loss, but the appellant contended that the assessment was too low. The respondents were the defendants in the original proceedings.

The central legal issues before the Court of Appeal were: first, whether the damages for the loss of capacity to provide gratuitous domestic services should be capped by reference to the level of services being provided at the time liability arose, or whether they should reflect the increased level of services needed by the dependant after that time, as provided for by section 15B of the *Civil Liability Act 2002* (NSW); and second, whether damages under section 15B could be awarded for "the lost years" in circumstances where the claimant, who had since died, would have continued to provide those services until the dependant's death but for his illness.

The Court of Appeal allowed the appeal, finding that section 15B of the *Civil Liability Act 2002* (NSW) did not cap damages by reference to the level of services provided at the time liability arose. Instead, the provision contemplated an assessment based on the actual or likely need of the dependant, and the claimant's capacity to meet that need. The Court also held that damages under section 15B could be awarded for "the lost years" where the claimant would have provided gratuitous domestic services to a dependant during that period. The Court set aside the judgment below and entered judgment for the appellant for a significantly increased sum.