Personal injury: economic loss principles

Nemeth v Westfield Shopping Centre Co Management Pty Ltd [2013] NSWCA 298

 

Before:  Meagher JA; Barrett JA


Catchwords

 

DAMAGES – assessment of damages – personal injury – non-economic loss – whether trial judge assessed on wrong factual basis – no question of principle
DAMAGES – assessment of damages – personal injury – economic loss – whether trial judge correctly concluded appellant’s diminished earning capacity would not be productive of economic loss – no question of principle

 

Economic loss – principles and findings

 

32. Damages are awarded for loss of earning capacity to the extent that the diminution of earning capacity is or may be productive of financial loss: Graham v Baker [1961] HCA 48; (1961) 106 CLR 340 at 347; Medlin v State Government Insurance Commission [1995] HCA 5; (1995) 182 CLR 1 at 16, 18; Husher v Husher [1999] HCA 47; (1999) 197 CLR 138 at [7]. Accordingly, it is necessary to identify both what capacity has been lost and what economic consequences will probably flow from that lost capacity…

 

 

David Cormack – Brisbane Barrister.

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