NORTHAM & LOWREY

The parties to this dispute were Northam and Lowrey. The case concerned a claim for damages arising from a motor vehicle accident. The matter was heard by Young J in the Supreme Court of New South Wales.

The primary legal issue before the court was the assessment of damages, specifically concerning the plaintiff's entitlement to compensation for future economic loss. This involved determining whether the plaintiff had established a sufficient degree of probability that the loss would occur.

Young J applied the principles governing the assessment of future economic loss, which require a plaintiff to prove on the balance of probabilities that the loss will occur. His Honour considered the evidence presented regarding the plaintiff's earning capacity and the impact of the injuries sustained in the accident on that capacity. The court determined that the plaintiff had not discharged the onus of proving, on the balance of probabilities, that he would have continued in his previous employment or that he would have been able to earn a comparable income in the future.

Consequently, the court found that the plaintiff was not entitled to an award for future economic loss.