Section 4.7 — Motor Accident Injuries Act 2017 (NSW)

(cf s 126 MACA)
(1) Damages may not be awarded for future economic loss unless the claimant first satisfies the court or Commission that the assumptions about future earning capacity or other events on which the award is to be based accord with the claimant’s most likely future circumstances but for the injury.
(2) The amount of damages for future economic loss that would have been sustained on those assumptions is to be adjusted by reference to the percentage possibility that the events concerned might have occurred but for the injury.
(3) If an award for future economic loss is made, the court or Commission is required to state the assumptions on which the award was based and the relevant percentage by which damages were adjusted.

Related sections

• s 4.4 — No damages for threshold injuries
• s 4.5 — Limits on economic loss
• s 4.6 — Maximum for loss of earnings etc
• s 4.8 — Assessment of impairment of earning capacity if dispute over degree of impairment
• s 4.9 — Damages for future economic loss—discount rate
• s 4.10 — Economic loss reduction

Research how courts apply s 4.7

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.