Judgment date: 29 August 2011
Allianz Australia Insurance Limited v Sprod & Ors
[2011] NSWSC 1157
Supreme Court of New South Wales1
In Brief
A claims assessor may award a buffer for future economic loss as
a percentage of the claimant's present earnings in
circumstances where the claimant has not presently suffered an
economic loss.
Background
The claimant sustained injuries to his neck, back and left
shoulder in a motor accident on 20 June 2008. He had suffered an
earlier injury to his left shoulder at work in November 2007.
Liability was admitted and the matter proceeded to General
Assessment at CARS.
The claimant asserted that he was unable to work his usual
overtime since the accident and that he was fearful of losing his
job in the future. Nevertheless, his earnings continued to increase
after the second accident. The insurer submitted that the
claimant's inability to work overtime was as a result of his
left shoulder injury sustained in the
