Section 13 of the Civil Liability Act 2002 (NSW) does not preclude an award of damages for future economic loss by way of a buffer. Where damages are assessed by way of a buffer, the percentage adjustment under s 13(2) is nil, and the court need only state that it made a nil adjustment. The section requires identification of the claimant's most likely future circumstances but for the injury (s 13(1)), and an adjustment by reference to the percentage possibility that those events might have occurred (s 13(2)), which in the ordinary course reflects the conventional vicissitudes discount.
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