Fkiaras v Fkiaras

[2010] NSWCA 116

NSW Court of Appeal

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Interrogate

Catchwords

1. Traffic Law
2. › Statutory compensation for motor vehicle accidents
3. › New South Wales
4. › Damages
5. › Economic loss
6. › Cap on earnings under s 125
7. › Whether 'earnings' in s 125(2) confined to income earned by exercise of earning capacity
8. › Whether post-accident business income from pre-injury enterprises constitutes 'earnings'
9. › Motor Accidents Compensation Act 1999 (NSW), s 125
1. Damages
2. › Assessment of economic loss
3. › Loss of earning capacity
4. › Distinction between earnings from personal exertion and passive income from capital
5. › Calculation by reference to cost of replacement labour
6. › Motor Accidents Compensation Act 1999 (NSW), s 125

Quick Take

Post-accident business income received by an injured person who has no residual earning capacity does not constitute 'earnings' for the purpose of the s 125(2) cap under the Motor Accidents Compensation Act 1999 (NSW), even where that income is traceable to the injured person's pre-injury business activities.

Case Details

Citation[2010] NSWCA 116

CourtNSWCA

JurisdictionNew South Wales

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Cited by3

2013Nair-Smith v Perisher Blue Pty LtdNSWSC 727
2012Tuohey v Freemasons HospitalVSCA 80
2011Nair-Smith v Perisher Blue Pty LtdNSWSC 878

Relies on3

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