Victorian Consolidated Legislation

Wrongs Act 1958 - SECT 17

Action for death caused wrongfully1

17. Action for death caused wrongfully1



(1) Every such action shall be for the benefit of the dependants of the person
whose death has been so caused and shall be brought by and in the name of the
executor or administrator of the person deceased; and in every such action the
jury or the court if the trial is without a jury may give such damages as they
or it think proportioned to the injury resulting from such death to the
parties respectively for whom and for whose benefit such action is brought;
and the amount so recovered after deducting the costs not recovered from the
defendant shall be divided amongst the before-mentioned parties in such shares
as the jury or court by their or its verdict find and direct.





(2) In subsection (1) the word dependants means such persons as were wholly
mainly or in part dependent on the person deceased at the time of his death or
who would but for the incapacity due to the injury which led to the death have
been so dependent.