Husher v Husher [1999] HCA 47

Husher v Husher [1999] HCA 47

Where a spouse in a partnership at will is injured and their labour generated the entire partnership income, damages for loss of future earning capacity should be measured by reference to the total amount which the plaintiff could have earned and had at their disposal, not limited to their partnership share, especially where the partnership was created for tax effectiveness and could be terminated at the plaintiff's will.

Jurisdiction
Australia
Procedural Posture
Appeal / High Court Appeal, Judgment on Quantification of Damages After Liability Admitted
Outcome
Appeal allowed with costs.
Legal Topics
['quantification of Damages' 'loss of Future Earning Capacity' 'partnerships and Income Splitting' 'assessment of Economic Loss']
['torts' 'damages' 'personal Injury'] ['quantification of Damages' 'loss of Future Earning Capacity' 'partnerships and Income Splitting' 'assessment of Economic Loss']

Case Brief

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Procedural Posture

Appeal / High Court Appeal, Judgment on Quantification of Damages After Liability Admitted

Legal Issues

  1. 1 ['Whether an injured partner in a husband and wife partnership is entitled to damages for loss of future earning capacity measured by reference to their actual partnership share or the total earning capacity derived from their own exertion;' "Whether the loss of future earning capacity should be calculated with respect to the plaintiff's share of the partnership profits or the full value of their own labour where partnership division is artificial or for tax purposes;" 'Whether the principle in Seymour v Gough [1996] 1 Qd R 89 should prevail over Batt v Wilkinson [1983] 2 Qd R 619 for quantifying damages in such cases.']

Ratio Decidendi

Where a spouse in a partnership at will is injured and their labour generated the entire partnership income, damages for loss of future earning capacity should be measured by reference to the total amount which the plaintiff could have earned and had at their disposal, not limited to their partnership share, especially where the partnership was created for tax effectiveness and could be terminated at the plaintiff's will.

Court Disposition

Appeal allowed with costs.

Orders

  • ['Set aside the order of the Court of Appeal of Queensland made on 21 August 1998.' 'In lieu, allow the appeal with costs.' 'Set aside the judgment and orders of Cullinane J made on 1 October 1997.' 'Order that the plaintiff have judgment against the defendants in the sum of $261,958.85 together with interest...