Full Court Minute Books

Case S115/2013

Daly v. Thiering and Ors

Case No.


Case Information

Lower Court Judgment

20/02/2013 Supreme Court of New South Wales (Court of Appeal) (McColl JA, Macfarlan JA, Hoeben JA)

[2013] NSWCA 25


Statutes – Statutory construction – Whether the Court of Appeal erred in its construction of s 130A of the Motor Accidents Compensation Act 1999 (NSW) (“the MAC Act”) and s 6(1) of the Lifetime Care and Support Act 2006 (NSW) (“the LCS Act”) – Whether s 130A of the MAC Act provides that the Lifetime Care and Support Scheme is responsible for the provision of all reasonable and necessary treatment and care required by participants – Or whether s 130A of the MAC Act provides that compulsory third party insurers are required to pay damages for voluntarily provided care.

Short Particulars


07/06/2013 Hearing (SLA, Sydney)

19/06/2013 Notice of appeal

27/06/2013 Written submissions (Appellant)

27/06/2013 Chronology (Appellant)

18/07/2013 Written submissions (Third Respondent)

02/08/2013 Written submissions (First and Second Respondents)

15/08/2013 Reply

03/10/2013 Hearing (Full Court, Canberra) (Audio-visual recording)

06/11/2013 Judgment  (Judgment summary)