PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 27 Damages for non-pecuniary loss
PERSONAL INJURIES (LIABILITIES AND DAMAGES) ACT 2003 - SECT 27
Damages for non-pecuniary loss(1) The maximum amount of damages a court may award for non-pecuniary loss is 680 000 monetary units.
(2) A court must not award damages for non-pecuniary loss if the court determines the degree of permanent impairment to be less than 5% of the whole person.
(3) When awarding damages for non-pecuniary loss, a court must award the following amount:
(a) if the court determines the degree of permanent impairment to be 85% or more of the whole person – 680 000 monetary units;
(b) if the court determines the degree of permanent impairment to be not less than 15% and not more than 84% of the whole person – the relevant percentage of 680 000 monetary units;
(c) if the court determines the degree of permanent impairment to be a percentage of the whole person specified in column 1 of the Table – the amount specified in column 2 opposite the relevant percentage.
TABLE
Column 1 |
Column 2 |
Degree of permanent impairment as percentage of whole person |
Amount of damages to be awarded |
not less than 5% but less than 10% |
13 600 monetary units |
10% |
20 400 monetary units |
11% |
27 200 monetary units |
12% |
40 800 monetary units |
13% |
54 400 monetary units |
14% |
81 600 monetary units |