Future Economic Loss – Post Injury Experience Matters

McKay v Palmers Removalists & Storage Pty Limited [2010] NSWCA 83 (20 April 2010)

Introduction

In this matter the court was asked to consider whether work experience gained by an appellant after the injury should impact on his claim for future economic loss. The appellant obtained the necessary qualifications to become an interstate truck driver post-injury. He submitted that his future economic loss claim should be assessed on the basis of those earnings, rather than on the basis of his pre-injury job as a removalist.

The Court held that in assessing future economic loss, it was necessary to assess the degree of probability that had the appellant been uninjured, he would have exercised his earning capacity as an interstate truck driver, in accordance with the principles laid down in Malec v JC Hutton Pty Limited [1990] HCA 20.