A trial judge assessing general damages for non-pecuniary loss under s 9 of the Civil Liability Act 2002 (WA) must clearly identify the amount assessed and apply the statutory deduction; a failure to do so constitutes an error of law. The receipt of a carer's pension by a plaintiff's spouse does not preclude recovery of damages for gratuitous services where the need for those services is caused solely by the defendant's negligence. A plaintiff claiming economic loss need not prove that employment was available with a specific previous employer, only that employment in the relevant field was available.
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