Ramsey v Denton

• 1. Negligence
  2. › Damages
  3. › Economic loss
  4. › Loss of earning capacity
  5. › Assessment by way of buffer
  6. › Pre-existing conditions
  7. › Whether primary judge reduced period of earning capacity without sufficient evidentiary basis
  8. › Motor Accidents Compensation Act 1999 (NSW), s 126
• 1. Negligence
  2. › Damages
  3. › Economic loss
  4. › Loss of future earning capacity
  5. › Evidentiary onus
  6. › Defendant's burden to establish impact of pre-existing conditions on earning capacity
  7. › Whether defendant must adduce evidence to support finding of early retirement due to pre-existing conditions
• 1. Appeal
  2. › Standard of appellate review
  3. › Assessment of damages for lost earning capacity
  4. › Evaluative nature of assessment
  5. › Whether error in findings of fact grounding assessment demonstrated

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