Cummings, Lyn v Canberra Theatre Trust [1980] FCA 209

Cummings, Lyn v Canberra Theatre Trust [1980] FCA 209

Damages for loss of earning capacity can be awarded even if no immediate diminution in earnings is shown, where the impairment raises a real risk of financial loss in future. The cost of domestic services required due to injury is compensable where the need is established, regardless of whether payment is made by a...

Source-derived case information.

Parties
Appellant: Lyn Cummings; Respondent: Canberra Theatre Trust
Jurisdiction
Australia
Judgment Date
18 June 1980
Procedural Posture
Appeal / Judgment
Outcome
Appeal allowed
Legal Topics
Quantum of Damages, Compensability of Diminution of Earning Capacity, Cost of Household Assistance
Negligence Personal Injury Quantum of Damages Compensability of Diminution of Earning Capacity Cost of Household Assistance

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Parties

Lyn Cummings

Appellant

Canberra Theatre Trust

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Is it compensable to award damages for diminution of earning capacity where no loss of earnings is shown?
  2. 2 Is the cost of household assistance compensable where it is paid by the plaintiff's spouse?

Ratio Decidendi

Damages for loss of earning capacity can be awarded even if no immediate diminution in earnings is shown, where the impairment raises a real risk of financial loss in future. The cost of domestic services required due to injury is compensable where the need is established, regardless of whether payment is made by a spouse.

Court Disposition

Appeal allowed

Orders

  • The appeal be allowed
  • The judgment of the Supreme Court of the Australian Capital Territory be varied by deleting the amount "$31,709.97" and inserting in lieu thereof the amount "$44,329.97"