In assessing damages for impairment of earning capacity, a plaintiff is not required to prove a contractual right to private use of an employer-provided vehicle; unchallenged evidence of an arrangement for private use is sufficient, and the full cost of providing a substitute vehicle (not a percentage attributable to private use) is the appropriate measure. The Medicare levy must be deducted when calculating net earnings for damages purposes, applying the same principle as income tax under Cullen v Trappell. An error of approximately 1.08% of total damages was held insufficient to constitute a wholly erroneous estimate warranting reassessment.
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