The House v The King standard of appellate review applies to assessments of non-economic loss under s 16 of the Civil Liability Act 2002 (NSW), as it does to assessments under s 151G of the Workers Compensation Act 1987. The assessment of non-economic loss as a proportion of a most extreme case involves an exercise of discretion that is neither scientific nor normative, and an appellate court will rarely intervene. The question whether s 13 of the Civil Liability Act 2002 is consistent with the Moss approach to assessing future economic loss in circumstances of evidentiary imprecision remains open.
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