Damages for economic loss must be calculated using net rather than gross earnings figures. The Thackham principle requiring deduction of workers' compensation entitlements for a subsequent workplace injury does not apply where the trial judge finds, on the medical evidence, that the subsequent injury caused no additional loss of earning capacity. The slip rule extends to correction of errors arising from accidental slips or omissions by parties' legal advisers, not only errors by the court itself.
The full text is available to signed-in members, including the 1 later case that cites this judgment.