An award for future paid domestic care cannot be made in the absence of evidence establishing the likelihood that the plaintiff will engage commercial domestic assistance; a court cannot simply pluck a figure out of the air because there is a remote chance of such need. The ability and willingness of family members to provide assistance is a relevant factor that must be considered. For non-economic loss, reliance on a comparator case under s 17A of the Civil Liability Act 2002 (NSW) will be erroneous where the plaintiff's position is significantly better than the comparator. A buffer of $75,000 was appropriate for future economic loss for a 42-year-old self-employed plumber with ongoing back pain who had suffered minimal past economic loss but faced probable diminution of earning capacity approaching retirement age.
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