New South Wales Consolidated Acts

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CIVIL LIABILITY ACT 2002 - SECT 16

Determination of damages for non-economic loss

16 Determination of damages for non-economic loss

(1) No damages may be awarded for non-economic loss unless the severity of the non-economic loss is at least 15% of a most extreme case.
(2) The maximum amount of damages that may be awarded for non-economic loss is $350,000, but the maximum amount is to be awarded only in a most extreme case.
(3) If the severity of the non-economic loss is equal to or greater than 15% of a most extreme case, the damages for non-economic loss are to be determined in accordance with the following Table:

Table

Severity of the non-economic loss (as a proportion of a most extreme case) Damages for non-economic loss (as a proportion of the maximum amount that may be awarded for non-economic loss)
15% 1%
16% 1.5%
17% 2%
18% 2.5%
19% 3%
20% 3.5%
21% 4%
22% 4.5%
23% 5%
24% 5.5%
25% 6.5%
26% 8%
27% 10%
28% 14%
29% 18%
30% 23%
31% 26%
32% 30%
33% 33%
34%-100% 34%-100% respectively
(4) An amount determined in accordance with subsection (3) is to be rounded to the nearest $500 (with the amounts of $250 and $750 being rounded up).
The following are the steps required in the assessment of non-economic loss in accordance with this section:
Step 1: Determine the severity of the claimant’s non-economic loss as a proportion of a most extreme case. The proportion should be expressed as a percentage.
Step 2: Confirm the maximum amount that may be awarded under this section for non-economic loss in a most extreme case. This amount is indexed each year under section 17.
Step 3: Use the Table to determine the percentage of the maximum amount payable in respect of the claim. The amount payable under this section for non-economic loss is then determined by multiplying the maximum amount that may be awarded in a most extreme case by the percentage set out in the Table.
Where the proportion of a most extreme case is greater than 33%, the amount payable will be the same proportion of the maximum amount.



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