Section 13(1) of the Civil Liability Act 2002 (NSW) does not preclude an award of future economic loss where medical and expert evidence, accepted by the trial judge, is sufficient to support findings as to the claimant's most likely future circumstances but for the injury. A buffer award for impaired earning capacity remains available in addition to specific calculations under s 13. Future loss of earning capacity should be calculated by reference to what the claimant was capable of earning, not reduced post-accident earnings.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
1 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.