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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



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