Section 15C of the Civil Liability Act 2002 (NSW) permits calculation of lost superannuation entitlements at 9% of gross ordinary time earnings (or equivalently 11% of net earnings), not 9% of net earnings. The provision is a method of calculation, not an arbitrary cap. Where expert evidence is in written form and witness credibility is not in issue, the Court of Appeal will reassess damages itself rather than remitting to the District Court. Windeyer J dissented on the s 15C construction, holding the section unambiguously requires calculation on net earnings.
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