Allard v Jones Lang Lasalle (Vic) Pty Ltd

The appeal concerned a dispute between the appellant, Ms. Allard, and the respondent, Jones Lang Lasalle (Vic) Pty Ltd, regarding damages awarded to Ms. Allard for economic loss and attendant care services. The primary judge had made an award for past and future economic loss, including a "buffer," and for past and future attendant care services. The respondent contended that the primary judge erred in making the award for economic loss by way of buffer and in the assessment of attendant care services. Ms. Allard cross-appealed, arguing the primary judge erred in failing to find contributory negligence on her part. The matter was heard by Emmett JA, Tobias AJA, and Adamson J.

The court was required to determine whether the primary judge erred in including a buffer in the award for economic loss, and whether the award for attendant care services was supported by sufficient evidence and correctly assessed on a commercial or gratuitous basis. Furthermore, the court had to consider whether Ms. Allard was contributorily negligent, and if so, whether the primary judge should have made a finding to that effect, assessing whether her response was that of a reasonable person in her circumstances.

The court allowed the appeal in part and the cross-appeal. It found that the primary judge had erred in the calculation of economic loss by including a buffer, and that the award for attendant care services required adjustment. The court also found that Ms. Allard was contributorily negligent. Consequently, the original verdict and judgment in favour of Ms. Allard were set aside and substituted with a reduced sum. Ms. Allard was ordered to pay the respondent's costs of the appeal and cross-appeal, with a provision for a certificate under the Suitors' Fund Act 1951 (NSW) if she qualified.