Hill vs. Forrester

This case was decided by the Court of Appeal on 10 November 2010 and is an appeal in relation to the domestic assistant thresholds and the construction ofSection 15(3) of the Civil Liability Act 2002.

The Court allowed the appeal and found that the requirement to receive six hours per week gratuitous assistance pursuant of Section 15(3) (a) is a continuing requirement and the Court noted that the section required legislative amendment due to the difficulty interpreting same. The Court essentially found that no domestic assistance damages for gratuitous service should be provided unless the care was given for at least six hours per week and for a period of at least six consecutive months.

The Court found that given the Plaintiff had satisfied the duration requirement being that he was provided gratuitous services for a period of more than six consecutive months, and then his entitlement to Griffith v Kirkemeyer damages in respect of all periods was upheld so long as those services were provided for more than six hours per week. The Court importantly noted that the Plaintiff was not entitled to domestic assistance damages during any periods on which those services were provided for less than six hours per week.

The Plaintiff’s damages were accordingly reduced and the appeal was allowed.

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