A finding of 50% loss of earning capacity cannot be sustained where the plaintiff is medically fit for full-time clerical and administrative duties with minor restrictions, has made virtually no attempt to find gainful employment consistent with that capacity, and voluntarily resigned from secure employment for reasons unconnected with the accident. A letter indicating an intention to amend a contractual indemnity clause, without execution of any amended agreement, is at most a counter offer which does not novate or vary the existing contract. A plaintiff's failure to sue a Commonwealth employer under the Safety, Rehabilitation and Compensation Act 1988 (Cth) does not constitute a failure to mitigate loss.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.