McCRACKEN v MELBOURNE STORM RUGBY LEAGUE FOOTBALL CLUB AND 2 ORS [2006] NSWSC 1250

McCRACKEN v MELBOURNE STORM RUGBY LEAGUE FOOTBALL CLUB AND 2 ORS [2006] NSWSC 1250

The plaintiff failed to prove any financial loss from his impaired football earning capacity because his successful and intensified post-injury activities in property dealing and development yielded profits outweighing the loss of football income. Therefore, the assessment of compensatory damages is limited to general damages, interest, and minor out-of-pocket expenses only.

Jurisdiction
Australia
Judgment Date
23 November 2006
Procedural Posture
Tort Personal Injury / Quantum of Damages Assessment After Liability Judgment
Outcome
Verdict for plaintiff with quantified total damages of $97,500; orders deferred for 7 days for any further applications
Legal Topics
['assessment of Damages' 'loss of Earning Capacity' 'causation' 'interest on Damages']
['torts' 'personal Injury'] ['assessment of Damages' 'loss of Earning Capacity' 'causation' 'interest on Damages']

Case Brief

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Procedural Posture

Tort Personal Injury / Quantum of Damages Assessment After Liability Judgment

Legal Issues

  1. 1 ['Extent of damages payable by defendants for intentional personal injury to plaintiff during rugby league match' "Whether plaintiff's post-injury earning capacity offset football income loss" 'Assessment of general damages, interest, and out-of-pocket expenses']

Ratio Decidendi

The plaintiff failed to prove any financial loss from his impaired football earning capacity because his successful and intensified post-injury activities in property dealing and development yielded profits outweighing the loss of football income. Therefore, the assessment of compensatory damages is limited to general damages, interest, and minor out-of-pocket expenses only.

Court Disposition

Verdict for plaintiff with quantified total damages of $97,500; orders deferred for 7 days for any further applications

Orders

  • ['Verdict for plaintiff in sum of $97,500 comprising general damages, interest on general damages, and future out-of-pocket expenses' 'If no application is made within 7 days, judgment to be entered without further appearance']