See for example, Allianz Australia Insurance Ltd v Cervantes [2012] NSWCA 244, where on 24 June 2006 the claimant was injured in a motor vehicle accident. Liability was admitted by the insurer. On 11 January 2011 Mr Goudkamp, Claims Assessor, issued a certificate assessing the claimant's damages at just over $570,000. The amount included $75,000 for past economic loss and $400,000 for future economic loss. These awards were expressed as buffers. The insurer appealed to the NSW Court of Appeal of New South Wales.

Justice Basten noted there is a long line of authorities that support the notion that, in some cases, assessment of economic loss involves a degree of speculation which does not permit specific calculations. As such, an award by way of a buffer was appropriate. His Honour characterised the insurer's argument to be that it was impermissible to award a large sum, such as $400,000, without providing a precise calculation. His Honour noted the claimant, without contradiction, suggested such an award could have been reached by calculating a loss of earning capacity at $740 net per week. The claimant at the time of the assessment was earning approximately $2,500 net per week. The amount suggested was approximately 23% of her net weekly earnings. As such, His Honour held at [45] that:

"…the relationship of the buffer to the actual earnings and likely diminution in earning capacity demonstrated that the outcome was not manifestly unreasonable"

His Honour did not decide if an upper limit could be placed on buffers. However, the difference in individual earning capacities was relevant, along with the cap on economic loss damages.