Assessment of damages for future economic loss

The NSW Court of Appeal confirmed that in the assessment of damages for future economic loss, s126 of the Motor Accidents Compensation Act 1999 was not a code but assumes that general law principles continue to operate. It also held that the trial judge erred in accepting one opinion on the plaintiff’s future economic capacity without assessing the significant possibility of a less advantageous result for the plaintiff. (Amoud v Al Al Batat [2009] NSWCA 333


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