PRENTICE & MAHERIS

The parties to this dispute were Prentice and Maheris. 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 likelihood of future economic loss and, if so, the appropriate method for quantifying that loss.

Young J applied the principles governing the assessment of future economic loss in negligence claims. His Honour considered the plaintiff's earning capacity, the impact of the injuries on that capacity, and the likelihood of future employment. The court also had regard to the principles of remoteness and the need for the loss to be a reasonably foreseeable consequence of the defendant's negligence.

The court ultimately found in favour of the plaintiff and awarded damages for future economic loss, having been satisfied that the plaintiff had discharged the onus of proving the necessary degree of probability for such a claim.