Horner, Robin David v. Nielsen, Axel William Harald [1980] FCA 131

Horner, Robin David v. Nielsen, Axel William Harald [1980] FCA 131

The proper basis for assessment of damages for loss of earning capacity is net earnings with appropriate valuation of employment benefits and deduction for contingencies; the evidence did not support the trial judge’s higher figures for future earning capacity and non-economic loss, requiring reduction.

Parties
Appellant: Robin David Horner; Respondent: Axel William Harald Nielsen
Jurisdiction
Australia
Judgment Date
29 September 1980
Procedural Posture
Damages Appeal / Appeal Judgment
Outcome
appeal allowed, damages varied
Legal Topics
Quantum of Damages, Loss of Earning Capacity, Non Economic Loss
Torts Personal Injury Quantum of Damages Loss of Earning Capacity Non Economic Loss

Case Brief

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Parties

Robin David Horner

Appellant

Axel William Harald Nielsen

Respondent

Procedural Posture

Damages Appeal / Appeal Judgment

Legal Issues

  1. 1 whether the trial judge correctly assessed quantum of damages for loss of earning capacity to trial
  2. 2 whether the trial judge correctly assessed quantum for loss of future earning capacity
  3. 3 whether the amount for non-economic loss was excessive

Ratio Decidendi

The proper basis for assessment of damages for loss of earning capacity is net earnings with appropriate valuation of employment benefits and deduction for contingencies; the evidence did not support the trial judge’s higher figures for future earning capacity and non-economic loss, requiring reduction.

Court Disposition

appeal allowed, damages varied

Orders

  • Appeal allowed.
  • Order of the Supreme Court of the Australian Capital Territory varied: substituted sum of $112,477.66 for $174,977.66.