John Fairfax and Sons Limited v Foord Supplementary Reasons for Judgment

In *John Fairfax and Sons Limited v Foord Supplementary Reasons for Judgment* [1988] NSWCA 76, the New South Wales Court of Appeal delivered supplementary reasons for its judgment concerning a dispute between John Fairfax and Sons Limited and Mr. Foord.

The Court was required to determine the appropriate method for calculating the quantum of damages to be awarded to Mr. Foord, specifically in relation to the loss of future earning capacity. This involved considering the impact of a previous injury on his ability to earn income and the extent to which that loss should be discounted for contingencies.

The Court clarified its earlier reasoning, emphasizing that the assessment of damages for loss of earning capacity should be based on the plaintiff's pre-injury earning capacity, adjusted for the impact of the previous injury. It reiterated the principle that the discount for contingencies should reflect the uncertainties of life, including the possibility of further injury or illness, but should not be applied so as to reduce the award below what is just and reasonable. The Court confirmed that the discount rate applied should be a real rate, reflecting inflation.

The Court confirmed the quantum of damages previously awarded, with minor adjustments to reflect the clarified principles of calculation.