When a serious injury application for pecuniary loss damages is refused, the judge must identify in the reasons at least one specific job constituting 'suitable employment' that the applicant failed to show was beyond them, particularly where the judge has made findings strongly favouring the applicant's position on incapacity. General references to the applicant being capable of 'a wide range of alternative light duties' or that referrals 'may ameliorate' capacity are insufficient. The question whether 'suitable employment' in serious injury applications involves physical capacity or employability was left open.
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