{"id":130,"date":"2018-01-10T04:11:10","date_gmt":"2018-01-10T04:11:10","guid":{"rendered":"https:\/\/polemicforensic.com\/wp\/?p=130"},"modified":"2018-01-10T04:11:27","modified_gmt":"2018-01-10T04:11:27","slug":"loss-of-opportunity","status":"publish","type":"post","link":"https:\/\/polemicforensic.com\/wp\/2018\/01\/10\/loss-of-opportunity\/","title":{"rendered":"Loss of Opportunity"},"content":{"rendered":"<p>The case of David Luis Montgomerie v Michelle Scott [2011] NSWDC 154 involved a personal<br \/>\ninjury claim by a Plaintiff who was a student in Economics at University. It was contended \u201cthat<br \/>\nthe plaintiff, free of ill health armed with an Economic degree, educated at leading educational<br \/>\ninstitutions with their inherent advantages and attractions to employers, would have forged a<br \/>\ncareer in the funds management and stockbroking worlds.\u201d<\/p>\n<p>\u201cThe loss of opportunity established is that which would arise from graduating from &#8216;funds<br \/>\nmanagement&#8217; to higher echelons of the finance industry, either in &#8216;stockbroking&#8217; or &#8216;corporation<br \/>\nmanagement&#8217; where the rewards are not just with enhanced remuneration in terms of salary, but<br \/>\nin other ways with &#8216;share options&#8217;, profit sharing&#8217;, productively and profit bonuses and the like.<br \/>\nThe diminutions of the plaintiff&#8217;s capacities are largely with him for the rest of his working life.<br \/>\nIn one sense, in the areas of employment potentially open to the plaintiff, the loss might<br \/>\ntheoretically been seen as &#8220;limitless&#8221;. His counsel submitted that it should be calculated at<br \/>\n$200,000, including superannuation.\u201d<\/p>\n<p>The Court accepted that the amount of $200,000 for the loss of opportunity was reasonable in<br \/>\nthe circumstances.<\/p>\n<p>This amount for $200,000 as loss of opportunity was awarded in addition to his past and future<br \/>\neconomic loss claim.<\/p>\n<p>It is arguable that loss of opportunity claims may be extended to matters where Plaintiffs have<br \/>\neither just commenced a new business or employment<\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 \u201cthat the plaintiff, free of ill health armed with an Economic degree, educated at leading educational institutions with their inherent advantages and attractions to [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[3],"tags":[],"_links":{"self":[{"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/posts\/130"}],"collection":[{"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/comments?post=130"}],"version-history":[{"count":1,"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/posts\/130\/revisions"}],"predecessor-version":[{"id":131,"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/posts\/130\/revisions\/131"}],"wp:attachment":[{"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/media?parent=130"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/categories?post=130"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/polemicforensic.com\/wp\/wp-json\/wp\/v2\/tags?post=130"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}