Under s 13 of the Civil Liability Act 2002 (NSW), future economic loss must be assessed by reference to the plaintiff's most likely future circumstances but for the injury, not by reference to current earnings where those exceed pre-injury earnings. A host employer's duty of care to a labour hire worker extends to being aware of conditions at sites to which the worker is frequently sent and either communicating existing safety systems or liaising with the site occupier to establish appropriate systems. Fresh evidence of post-trial events will not be admitted to support a ground of appeal where it bears on matters within the area of uncertainty in which the trial judge's estimate was made, but may be admitted to assist the appellate court in reassessing damages once error is otherwise established.
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