Male Average Weekly Earnings may be used as a starting point for calculating the lost earning capacity of a self-employed person where direct evidence of income is unavailable, subject to appropriate discounts. Where annual income is sufficiently low that income tax payable is minimal, failure to deduct tax does not constitute appellable error in an inherently imprecise assessment. Arithmetic calculation errors in damages assessments should be raised before the primary judge under the slip rule rather than on appeal.
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