Griffiths v Kerkemeyer [1977] HCA 45 | 31 August 1977

ON 31 AUGUST 1977, the High Court of Australia delivered Griffiths v Kerkemeyer [1977] HCA 45; (1977) 139 CLR 161 (31 August 1977).

Damages – Personal injuries – Assessment – Permanent disablement – Services provided to plaintiff gratuitously – Whether damages recoverable in respect of gratuitous services – Measure of damages – Market cost of provision of services or loss suffered by person providing them – Whether damages held in trust for person providing services.

At common law, a person disabled by the fault of another may recover damages for the commercial value of any necessary nursing and domestic services provided gratuitously by a friend or relative.

Legislation such as the Civil Liability Acts modify the common law, limiting the circumstances of entitlement and the amounts that may be claimed.

Lawyers

Sydney, Australia

1300 00 2088