Agrigrain Pty Ltd v Rindfleish [2024] NSWCA 295

Increased income does not necessarily preclude damages for future loss of earning capacity: see Russell v J Hargreaves & Sons Pty Ltd (1956) 30 ALJR 533 at 533-534 (Dixon CJ and McTiernan J). The evidence indicated a decrease in Mr Rindfleish’s earning capacity in terms of the level of responsibility he was able to take on. And there is obvious room for doubt about whether Mr Rindfleish would be able to continue working such long hours in order to sustain his earnings. As Cavanagh J, speaking for this Court, explained in Ramsey v Denton [2021] NSWCA 310; (2021) 98 MVR 340:

[58] … Whilst a more precise calculation might generally be preferred, a buffer would be permissible when the task of assessing loss of earning capacity cannot be undertaken with reference to precise weekly amounts due to the uncertainty of the claimant’s likely future circumstances and the number of variable factors which would render a more precise assessment merely artificial and speculative.