HERAMAN & BUCK

The parties to this dispute were Heraman and Buck. The case concerned a claim for damages arising from a motor vehicle accident. The matter was heard before Foster J in the Supreme Court of New South Wales.

The central legal issue before the court was the assessment of damages, specifically concerning the plaintiff's claim for future economic loss. The court was required to determine whether the plaintiff had established a sufficient degree of probability that the injuries sustained in the accident would lead to a future loss of earning capacity.

Foster J applied the principles governing the assessment of future economic loss, which require a plaintiff to demonstrate a real and substantial chance of future loss, rather than a mere possibility. His Honour considered the evidence presented regarding the plaintiff's pre-accident employment, the nature and extent of his injuries, and the impact these injuries had on his ability to work. The court weighed the expert medical and vocational evidence to assess the likelihood of the plaintiff's future employment prospects and earning capacity.

The court found that the plaintiff had not discharged the onus of proving a real and substantial chance of future economic loss. Accordingly, damages for future economic loss were not awarded.