A contingency discount of 40% is far too high where the plaintiff's psychiatric condition is theoretically treatable but the evidence as to the prospects and likelihood of successful treatment is obscure and speculative; 15% was substituted. The Jongen v CSR simplified approach to superannuation loss does not authorise the exclusion of relevant actuarial evidence, and its application depends on the conditions of the particular fund. Interest on past gratuitous services should be allowed at half the Supreme Court rate.
The full text is available to signed-in members, including the 2 later cases that cite this judgment.