Husher v Husher

The case of *Husher v Husher* involved an appeal to the High Court of Australia concerning the quantification of damages for loss of future earning capacity. The appellant, a tradesman, was a partner in a business conducted in partnership at will with his wife. The dispute centred on whether the appellant's loss of earning capacity should be calculated by reference to his past share of the partnership profits, despite his wife's entitlement to an equal share.

The legal issue before the High Court was whether the appellant's damages for impaired future earning capacity should be assessed by reference to the entire income generated by the partnership, or limited to the portion he would have personally received. This required the court to consider the nature of the partnership and the appellant's control over the partnership's income, particularly in circumstances where the wife made no significant contribution to the business's activity.

The High Court reasoned that the assessment of damages for loss of future earning capacity must be closely tied to the specific facts of each case. It emphasised that the inquiry should focus on what the plaintiff could have done in the workforce but for the injury and what sum of money they would have had at their disposal. The court distinguished the present case from situations involving partnerships not terminable at will or where other partners contribute significantly to the business. In this instance, the appellant was likely to have exploited his own earning capacity and controlled the destination of the net income. The court allowed the appeal, setting aside the orders of the Court of Appeal and the trial judge. The judgment was varied to substitute specific sums for past and future economic loss, and the appellant was awarded costs of the appeal and trial on a solicitor and client basis.