Phillips v Brown

[2002] WASCA 148

Western Australia Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Damages
2. › Personal injury
3. › Economic loss
4. › Loss of earning capacity
5. › Plaintiff operating own business
6. › Decline in business caused by injuries
7. › Measure of damages
8. › Allowance for contingencies
9. › Whether pre-accident earning capacity properly assessed
1. Damages
2. › Personal injury
3. › Economic loss
4. › Capital loss on sale of business
5. › Whether economic loss flowing from physical injuries recoverable
6. › Whether pure economic loss test applies to consequential economic loss
7. › Distinction between pure economic loss and economic loss consequent on physical injury
1. Appeal
2. › Standard of appellate review
3. › Findings of fact
4. › Whether findings reasonably open on the evidence
5. › Whether appellate court compelled to reach contrary conclusion

Quick Take

Where a plaintiff suffers physical injuries that cause a decline in the value of their business, the capital loss on sale of the business is recoverable as consequential economic loss flowing from the physical injuries, without the need to satisfy the more restrictive Caltex Oil test for pure economic loss. The Caltex Oil remoteness principle is confined to cases of pure economic loss not arising from physical injury or property damage to the plaintiff.