The case of David Luis Montgomerie v Michelle Scott [2011] NSWDC 154 involved a personal
injury claim by a Plaintiff who was a student in Economics at University. It was contended “that
the plaintiff, free of ill health armed with an Economic degree, educated at leading educational
institutions with their inherent advantages and attractions to employers, would have forged a
career in the funds management and stockbroking worlds.”

“The loss of opportunity established is that which would arise from graduating from ‘funds
management’ to higher echelons of the finance industry, either in ‘stockbroking’ or ‘corporation
management’ where the rewards are not just with enhanced remuneration in terms of salary, but
in other ways with ‘share options’, profit sharing’, productively and profit bonuses and the like.
The diminutions of the plaintiff’s capacities are largely with him for the rest of his working life.
In one sense, in the areas of employment potentially open to the plaintiff, the loss might
theoretically been seen as “limitless”. His counsel submitted that it should be calculated at
$200,000, including superannuation.”

The Court accepted that the amount of $200,000 for the loss of opportunity was reasonable in
the circumstances.

This amount for $200,000 as loss of opportunity was awarded in addition to his past and future
economic loss claim.

It is arguable that loss of opportunity claims may be extended to matters where Plaintiffs have
either just commenced a new business or employment