Amaca Pty Ltd v Karakasch

[2004] NSWCA 79

NSW Court of Appeal

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Interrogate

Catchwords

1. Damages
2. › Personal injury
3. › Future loss of earning capacity
4. › Self-employed plaintiff
5. › Method of assessment
6. › Whether cost of replacement labour or loss of profit approach
7. › Whether choice of method raises question of law or question of fact
1. Appeal
2. › Appeal from Dust Diseases Tribunal
3. › Appeal limited to questions of law
4. › Distinction between errors of fact and errors of law
5. › Whether erroneous assessment of damages is error of fact or error of law
6. › Dust Diseases Tribunal Act 1989 (NSW), s 32
1. Practice and Procedure
2. › Adequacy of reasons
3. › Whether reasons sufficient to disclose basis of decision

Quick Take

The choice between the cost of replacement labour method and the loss of profit method for assessing future loss of earning capacity of a self-employed plaintiff is a question of fact, not law, and is therefore not appealable under s 32 of the Dust Diseases Tribunal Act 1989. The assessment of future economic loss involves a discretionary judgment within broad parameters, and a trial judge is not bound in law to adopt any particular method of quantification.