Once a plaintiff establishes loss of earning capacity, the defendant bears the onus of demonstrating that the plaintiff has failed to exploit any residual earning capacity, including by identifying practical job opportunities available to the plaintiff. The Malec v J C Hutton Pty Ltd approach to assessing hypothetical chances is inapplicable where the defendant's negligence is established as the cause of the plaintiff's condition and it is not part of the defendant's case that the plaintiff would have suffered the disabling condition in any event; such possibilities are addressed through the conventional vicissitudes discount. Working capacity and earning capacity are not co-extensive; earning capacity must be assessed by reference to the individual's characteristics in the labour market.
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