Section 4.9 — Motor Accident Injuries Act 2017 (NSW)

(cf s 127 MACA)
(1) If an award of damages is to include compensation, assessed as a lump sum, in respect of damages for future economic loss that is referable to—
(a) deprivation or impairment of earning capacity, or
(b) loss of expectation of financial support,
the present value of the future economic loss is to be qualified by adopting the prescribed discount rate.
(2) The prescribed discount rate is—
(a) a discount rate of the percentage prescribed by the regulations, or
(b) if no percentage is so prescribed—a discount rate of 5%.
(3) Except as provided by this section, nothing in this section affects any other law relating to the discounting of sums awarded as damages.

Related sections

• s 4.6 — Maximum for loss of earnings etc
• s 4.7 — Future economic loss—claimant’s prospects and adjustments
• s 4.8 — Assessment of impairment of earning capacity if dispute over degree of impairment
• s 4.10 — Economic loss reduction
• s 4.11 — No damages for non-economic loss unless permanent impairment greater than impairment threshold
• s 4.12 — Assessment of permanent impairment required if dispute over impairment threshold

Research how courts apply s 4.9

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