Ranger v Turner

In *Ranger v Turner*, the New South Wales Court of Appeal considered an appeal concerning the assessment of damages in a negligence claim. The dispute arose from injuries sustained by the claimant, who alleged the defendant breached their duty of care.

The primary legal issue before the Court of Appeal was whether it was appropriate to apply a "cushion" or "buffer" when assessing damages, particularly in light of the claimant's contributory negligence. This involved determining the correct approach to calculating the final award of damages after accounting for the claimant's own fault.

The Court of Appeal, in dismissing the summons for leave to appeal, affirmed the principles governing the assessment of damages in negligence cases. While the specific reasoning of the lower court regarding the "cushion" is not detailed in the provided text, the appellate court's decision to dismiss the appeal indicates it found no error in the original assessment or the application of relevant legal principles. The outcome was that the claimant was ordered to pay the opponent's costs of the summons for leave to appeal, with a distinction made in the basis of assessment for costs incurred before and after a specific date.