Woolworths Ltd v Lawlor

Woolworths Ltd (appellant) appealed to the New South Wales Court of Appeal against a decision of the District Court of New South Wales that awarded damages to Mr Lawlor (respondent) for injuries sustained in an incident at a Woolworths supermarket. The primary dispute concerned the assessment of damages, specifically relating to gratuitous attendant care services.

The Court of Appeal was required to determine the proper construction of section 15 of the *Civil Liability Act 2002* (NSW), which governs claims for gratuitous attendant care services. The central question was the meaning of the phrase "solely because of the injury to which the damages relate" within that section, and whether the respondent's need for attendant care services arose solely from the injuries sustained in the incident.

The Court reasoned that the phrase "solely because of the injury" required the need for care to be exclusively attributable to the injury, without any pre-existing condition or other factor contributing to that need. Applying this construction, the Court found that the respondent's need for attendant care services was not solely due to the injuries sustained in the incident, as there was evidence of pre-existing conditions that also contributed to his need for such care.

Consequently, the Court of Appeal dismissed the appeal, upholding the interpretation that section 15 of the *Civil Liability Act 2002* (NSW) imposes a strict requirement that the need for gratuitous attendant care must be solely and directly caused by the injury for which damages are being claimed. The appellants were ordered to pay the respondent's costs.