Sophie Fegan by her tutor Inga Rozenauers v Lane Cove House Pty Limited

Sophie Fegan, by her tutor Inga Rozenauers, sought leave to appeal a decision concerning damages awarded for future economic loss. The appeal was brought against Lane Cove House Pty Limited. The dispute centred on the application of a buffer under section 13(1) of the *Civil Liability Act 2002* (NSW) in calculating future economic loss.

The primary legal issue before the court was whether the trial judge had erred in failing to apply a buffer to the claimant's future economic loss. Specifically, the court had to determine if the circumstances of the case warranted the application of the buffer as provided for in the relevant legislation.

The court dismissed the application for leave to appeal. It was held that the trial judge had correctly applied the law to the facts as found. The reasoning indicated that the statutory buffer was not intended to be applied in all cases of future economic loss, and its application depended on the specific circumstances and evidence presented. In this instance, the court found no error in the trial judge's assessment.

Consequently, the claimant was ordered to pay the opponent's costs of the application.