Where a claimant has an erratic work history with long periods of unemployment and very low earnings in the years immediately preceding the accident, a 25 per cent discount for unemployment applied to a notional average weekly income may be manifestly excessive, and a discount of 50 per cent may be more appropriate. The assessment of damages for personal injury remains an exercise of judgment and not mere arithmetic, and the discount for vicissitudes of 15 per cent identified in [name withheld] v NSW Insurance Ministerial Corporation is subject to adjustment to take account of the plaintiff's particular circumstances.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
1 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.