McKay v Palmers Removalists & Storage Pty Ltd [2010] NSWCA 83

McKay v Palmers Removalists & Storage Pty Ltd [2010] NSWCA 83

The trial judge erred in overlooking evidence and inferences regarding the appellant's intention and likelihood of pursuing interstate truck driving; future economic loss should be assessed in accordance with the principles in Malec v JC Hutton, based on percentage probability that the appellant would have exercised earning capacity as an interstate truck driver.

Jurisdiction
Australia
Judgment Date
20 April 2010
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
['damages' 'future Economic Loss' 'personal Injury' 'assessment of Damages' 'mediation']
['tort Law'] ['damages' 'future Economic Loss' 'personal Injury' 'assessment of Damages' 'mediation']

Case Brief

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Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 ["Whether the trial judge erred in rejecting the appellant's claim for loss of earnings based on a likelihood of becoming an interstate truck driver" 'How future economic loss should be assessed in light of vocational evidence and intentions']

Ratio Decidendi

The trial judge erred in overlooking evidence and inferences regarding the appellant's intention and likelihood of pursuing interstate truck driving; future economic loss should be assessed in accordance with the principles in Malec v JC Hutton, based on percentage probability that the appellant would have exercised earning capacity as an interstate truck driver.

Court Disposition

Appeal allowed

Orders

  • ["The respondent to pay the appellant's costs of the appeal, but to have a certificate under the Suitors' Fund Act 1951, if so qualified" 'Remit the matter to the District Court for the redetermination of the question of future economic loss' "Before order 3 is implemented, pursuant to the Civil Procedure Act 2005,...