Cowra Shire Council v Trudgett

The New South Wales Court of Appeal considered an appeal by Cowra Shire Council against a judgment awarded to the respondent, Mr. Trudgett, for future economic loss arising from a motor vehicle accident. Mr. Trudgett was a young person with no prior work history at the time of the accident.

The central legal issue before the Court of Appeal was the correct principles to be applied in assessing future economic loss for a plaintiff who had no established work history. This involved determining how to quantify potential future earnings in the absence of concrete evidence of past earnings or a defined career path.

The Court affirmed the established principles for assessing future economic loss, particularly in cases involving young plaintiffs. It reiterated that while past earnings are a strong indicator, their absence does not preclude an award for future economic loss. The assessment must instead be based on the most probable future course of the plaintiff's life, considering factors such as education, training, and the general employment market. The Court found that the trial judge had correctly applied these principles in determining the quantum of Mr. Trudgett's future economic loss, taking into account his youth and lack of prior work experience to make a reasoned assessment of his likely future earning capacity.

The appeal was dismissed with costs.