Westfield Shoppingtown Liverpool v Jevtich

In *Westfield Shoppingtown Liverpool v Jevtich*, the Court of Appeal of New South Wales considered an appeal by Westfield Shoppingtown Liverpool (the appellants) against a decision of the primary judge concerning damages awarded to Mr Jevtich (the respondent) for injuries sustained in a fall at the shopping centre. The dispute centred on the respondent's claim for gratuitous attendant care services, specifically whether the requirements of section 15(2) of the *Civil Liability Act 2002* (NSW) were met.

The legal issues before the Court of Appeal were whether the primary judge erred in finding that the respondent had satisfied the requirements of section 15(2)(b) and (c) of the *Civil Liability Act 2002* (NSW) in relation to his claim for gratuitous attendant care services. These subsections require that the need for the services arose from the injury, and that the services were provided by a member of the claimant's household for at least six months. The appellants argued that the evidence, particularly the lack of expert medical evidence, was insufficient to establish that the need for the services was solely attributable to the injury sustained in the fall, as opposed to the respondent's pre-existing Parkinson's disease.

The Court of Appeal, comprising Hodgson JA, Tobias JA, and Bell JA, dismissed the appeal. Their Honours reasoned that while expert medical evidence was not strictly mandated, the primary judge was entitled to infer from the available evidence, including the respondent's own testimony and that of his wife, that the need for attendant care services arose from the fall. The court noted that the respondent's Parkinson's disease symptoms fluctuated and were managed by medication, and that the fall had caused a distinct neck injury with ongoing pain and functional limitations, including difficulty with certain foods. The court found that the primary judge had sufficient material before him to conclude that the requirements of section 15(2) of the *Civil Liability Act 2002* (NSW) were satisfied. The appeal was dismissed with costs.