Queensland Judgments
![[Full-text PDF]](/images/pdficon.gif)
Smith v Topp & Anor
[2003] QCA 397 (02/1052) Brisb Williams JA Muir J Holmes J 12/09/2003
Catchwords
DAMAGES – MEASURE AND REMOTENESS OF DAMAGES IN ACTIONS FOR TORT – MEASURE OF DAMAGES – PERSONAL INJURIES – LOSS OF EARNINGS AND EARNING CAPACITY – ONUS OF PROOF – where the appellant suffered injuries in a motor vehicle collision – where only the quantum of damages was in issue – where the appellant was found to have a residual income earning capacity – whether the respondents had the onus of proving the appellant’s ability to obtain income producing work within the limits of her incapacity – acceleration of pre-existing degenerative condition – whether the evidence established that loss of income earning capacity arose in part from such condition – onus of proof – appropriate method of allowing for such condition in assessment of damages