New South Wales Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [History] [Help]

CIVIL LIABILITY ACT 2002 - SECT 30

Limitation on recovery for pure mental harm arising from shock

30 Limitation on recovery for pure mental harm arising from shock

(1) This section applies to the liability of a person (
"the defendant" ) for pure mental harm to a person (
"the plaintiff" ) arising wholly or partly from mental or nervous shock in connection with another person (
"the victim" ) being killed, injured or put in peril by the act or omission of the defendant.
(2) The plaintiff is not entitled to recover damages for pure mental harm unless:
(a) the plaintiff witnessed, at the scene, the victim being killed, injured or put in peril, or
(b) the plaintiff is a close member of the family of the victim.
(3) Any damages to be awarded to the plaintiff for pure mental harm are to be reduced in the same proportion as any reduction in the damages that may be recovered from the defendant by or through the victim on the basis of the contributory negligence of the victim.
(4) No damages are to be awarded to the plaintiff for pure mental harm if the recovery of damages from the defendant by or through the victim in respect of the act or omission would be prevented by any provision of this Act or any other written or unwritten law.
(5) In this section:

"close member of the family" of a victim means:
(a) a parent of the victim or other person with parental responsibility for the victim, or
(b) the spouse or partner of the victim, or
(c) a child or stepchild of the victim or any other person for whom the victim has parental responsibility, or
(d) a brother, sister, half-brother or half-sister, or stepbrother or stepsister of the victim.

"spouse or partner" means:
(a) a husband or wife, or
(b) a de facto partner,
but where more than one person would so qualify as a spouse or partner, means only the last person to so qualify.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback