|Fraser and White JJA and Daubney JSeparate reasons for judgment of each member of the Court, each concurring as to the order made
|Appeal dismissed with costs.
|DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – NON- PECUNIARY DAMAGE – PAIN AND SUFFERING –where appellant suffered spinal injury while working for respondent as scraper driver on mine site – where respondent accepted liability – where appellant had prior spinal injury in different part of lumbar spine to latter injury – where parties in dispute about how much pain attributable to latter injury – whether error is identifiable in primary judge’s assessment of general damages – where appellant had no residual earning capacity after injury – where parties in dispute about what employment the appellant would otherwise have had between injury and judgment – whether error is identifiable in primary judge’s assessment of damages for loss of earning capacity, such as double discounting – where parties in dispute about what employment the appellant would have otherwise had for the remainder of his working life – where parties in dispute about date appellant would otherwise have retired – whether error is identifiable in primary judge’s assessment of damages for loss of future earning capacity
Past economic loss
Loss of future earning capacity
Conclusions about the assessment of damages
David Cormack – Brisbane Barrister