A claimant seeking a buffer for future economic loss under s 13(1) of the Civil Liability Act 2002 (NSW) must establish not only impairment of capacity but that such impairment may be productive of financial loss. A minor impairment in keyboard use, without evidence of how it would translate to financial disadvantage in professional or managerial employment, may be insufficient to discharge this onus. Where any error in refusing a buffer would result in only a very small award, leave to appeal may be refused on that basis.
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