Dao v NSW Insurance Ministerial Corporation

In *Dao v NSW Insurance Ministerial Corporation*, the New South Wales Court of Appeal considered an appeal concerning the assessment of damages for a motor vehicle accident. The appellant, Mr Dao, had suffered injuries in a motor vehicle accident and sought to recover damages from the respondent, the NSW Insurance Ministerial Corporation, which was the nominal defendant. The primary dispute revolved around the appellant's entitlement to damages for future economic loss, specifically in relation to his earning capacity.

The central legal issue before the Court of Appeal was whether the primary judge had erred in failing to award damages for future economic loss. This required the court to determine whether the appellant had established, on the balance of probabilities, that his injuries had caused a diminution in his future earning capacity. The court also had to consider the principles governing the assessment of such damages, particularly in circumstances where the appellant's pre-accident employment was uncertain or irregular.

The Court of Appeal analysed the evidence presented at trial, including medical reports and the appellant's employment history. It applied the established legal principles for assessing future economic loss, which require a plaintiff to demonstrate a real and not merely speculative chance of suffering such loss. The court found that the primary judge had made an error in his assessment of the appellant's future economic prospects, particularly in light of the appellant's evidence regarding his intention to pursue further studies and his potential for future employment. The court concluded that the appellant had established a sufficient basis for an award of damages for future economic loss.

The Court of Appeal allowed the appeal, set aside the primary judge's order, and remitted the matter to the Supreme Court for redetermination of the damages for future economic loss.