Roads and Traffic Authority of NSW v Lolomanaia

The Roads and Traffic Authority of NSW (the Authority) appealed to the Court of Appeal of New South Wales against a judgment awarded to Mr Lolomanaia in a personal injury claim. The dispute concerned the quantum of damages awarded for domestic assistance, specifically whether the need for such assistance was solely attributable to the injuries sustained by Mr Lolomanaia in the accident for which the Authority was liable.

The central legal issue before the Court of Appeal was the application of the principle established in *Van Gervan v Fenton* to the assessment of damages for domestic assistance. This principle dictates that a plaintiff can only recover damages for the cost of domestic assistance if the need for that assistance arises from the compensable injury. The court was required to determine whether the trial judge had correctly applied this principle, particularly in circumstances where the plaintiff's need for assistance might have been partly due to pre-existing conditions or other factors unrelated to the accident.

The Court of Appeal, in its reasoning, affirmed the *Van Gervan* principle. It held that the need for domestic assistance must be demonstrably linked to the injuries caused by the defendant's negligence. If the need for assistance exists irrespective of the injury, or if the injury merely exacerbates an existing need without creating a new or substantially increased need, then damages for that portion of the assistance cannot be recovered. The court examined the evidence presented at trial to ascertain whether the need for domestic assistance was a direct consequence of the accident.

The Court of Appeal allowed the appeal in part, finding that the trial judge had erred in awarding the full amount claimed for domestic assistance. The court varied the damages awarded, reducing the component attributable to domestic assistance to reflect only that portion of the need which was directly caused by the injuries sustained by Mr Lolomanaia.