MILLER v SMITH [1995] NSWCA 295

MILLER v SMITH [1995] NSWCA 295

The proper assessment of future economic loss should be based on the chance of the plaintiff having no earning capacity, which was set at 75 per cent, resulting in a calculation of 25 per cent residual capacity of pre-accident earnings over a nineteen-year period, instead of the trial judge’s 50 per cent estimate.

Parties
Plaintiff: Keith Brian Miller; Respondent: Smith
Jurisdiction
Australia
Judgment Date
07 March 1995
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Motor Vehicle Accident, Future Economic Loss, Assessment of Damages
Personal Injury Tort Motor Vehicle Accident Future Economic Loss Assessment of Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Keith Brian Miller

Plaintiff

Smith

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Adequacy of the amount awarded for future loss of earning capacity
  2. 2 Assessment of chances for future earning capacity post injury

Ratio Decidendi

The proper assessment of future economic loss should be based on the chance of the plaintiff having no earning capacity, which was set at 75 per cent, resulting in a calculation of 25 per cent residual capacity of pre-accident earnings over a nineteen-year period, instead of the trial judge’s 50 per cent estimate.

Court Disposition

appeal upheld

Orders

  • The verdict be set aside.
  • A substituted verdict calculated with 25 per cent future earning capacity.