Major v Sutherland Shire Council

The plaintiff, Major, sued the Sutherland Shire Council over a fall caused by the failure of a fence railing at a construction site. The Council admitted liability for the accident. The case was heard by the court, which needed to decide the amount of damages Major should receive for his non-economic loss and future loss in earning capacity. Major, who was self-employed as a plumber at the time of the accident, argued that the most likely future circumstances but for the injury would have seen him continue his career, potentially at a higher level. The Council contested the extent of the damages.

The court considered several factors in assessing Major's future loss of earning capacity, including the nature of his work, the potential for progression in his career, and the likelihood of him continuing to work in the plumbing industry. It also took into account the non-economic loss, awarding Major 30% of what would be considered the most extreme case for such an injury. The court awarded a buffer to account for the uncertainties in predicting future earnings and non-economic loss.

Major was awarded $278,392 in total, reflecting the court's assessment of both his economic and non-economic losses. The court found in favour of Major, ordering the Sutherland Shire Council to pay his damages and legal costs. This decision provided a comprehensive compensation for Major's injuries, considering both his immediate and long-term needs arising from the accident.