Ecob t/as Black Swan Coffee Lounge v Wentworth-Shields

[2002] ACTCA 2

ACT Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Personal injury
3. › Loss of earning capacity
4. › Self-employed plaintiff
5. › No actual loss of earnings to date of trial
6. › Buffer against possible future loss
7. › Whether global approach to assessment involved error of principle
1. Damages
2. › Personal injury
3. › Future medical expenses
4. › Assessment of global sum for expenses likely to be incurred throughout balance of life
5. › Whether amount fell outside range of discretion reasonably available
1. Appeal
2. › Standard of appellate review
3. › Appeal from Master by way of rehearing
4. › Assessment of damages as exercise of discretion
5. › Appellate court particularly slow to reverse primary judge on damages assessment

Quick Take

Where a self-employed plaintiff has suffered no actual loss of earnings but has demonstrable restrictions on earning capacity, a court may make a global assessment of damages for loss of earning capacity after identifying the nature and extent of the incapacity and the heads of loss, without being required to make a precise calculation or detailed discussion of uncertainties associated with each head of loss. A reference to an equivalent weekly loss over a period may be used as a check on the global figure rather than as the basis of calculation.