Authors: Stephen White, Partner and Milton Latta, Senior Associate
In our last Insurance newsletter, we discussed liability issues arising out of the decision in Paskins v Hail Creek Coal Pty Ltd[2017] QSC 190. This article explores the quantum issues in that decision.
Varying approaches can be taken to the assessment of future economic loss for plaintiffs working in the mining industry. The approach often taken is to apply a greater than usual discount to allow for such factors as pre-existing injuries, uncertainties in the market place, and uncertain residual earnings capacities.
McMeekin J has previously adopted such an approach in many of his judgements. Paskins is a further example of this. The unusual feature of this case is the much greater than usual discounting applied, which makes it an important decision to be aware of when assessing claims in a mining context.
The purpose of this article is to examine what factors can justify the imposition of a greater than usual discount when assessing future economic loss.
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