Doughty v Cassidy

In the case of Doughty v Cassidy, the plaintiff, a professional jockey, pursued damages against the defendant, another jockey, after suffering an injury that effectively ended his career. The parties agreed on liability, and the court was tasked with determining the appropriate quantum of damages. The plaintiff sought compensation for lost earnings and diminished earning capacity. The court's role was to assess the extent of these economic consequences based on the plaintiff's career trajectory, including the potential for future earnings, and the specific circumstances surrounding the injury.

The primary legal issue revolved around the interpretation and application of section 51 of the Personal Injury Proceedings Act, which stipulates that in calculating damages for loss of earnings, the court must disregard any earnings above three times the average weekly earnings per week. The plaintiff argued that despite the statutory limit, the court should consider the realistic possibility of higher earnings, given his planned participation in high-stake races in Macau. Conversely, the defendant contended that the statutory limit should be strictly applied, effectively capping the damages at the stipulated amount.

The court found that while section 51 of the Personal Injury Proceedings Act does require the disregard of earnings above the statutory limit, it does not necessitate an assumption that there was no possibility of earnings above that limit. The court considered the plaintiff's career prospects, including the realistic likelihood of higher earnings from Macau races, and balanced these against the statutory requirements. Ultimately, the court assessed the damages based on the plaintiff's loss of future earnings and earning capacity, taking into account the contingencies and realistic possibilities, and arrived at a total of $630,673.26.

The court granted judgment in favour of the plaintiff against the defendant for the aforementioned amount, reflecting a careful consideration of both the statutory framework and the particular circumstances of the plaintiff's career and injury.