WRONGS ACT 1958 - SECT 28LZN Alternative procedure for special cases

WRONGS ACT 1958 - SECT 28LZN

    (1)     A claimant may apply to a court for a determination of significant injury for the purposes of this Part.

    (2)     The court may make a determination of significant injury in respect of a claimant if the court is satisfied that—

        (a)     the claim should be dealt with urgently because of the imminent death of the claimant; and

        (b)     the injury, if assessed under Division 3, would be significant injury.

    (3)     The court may make a determination of significant injury in respect of a claimant if the court is satisfied that—

        (a)     the claim relates to a cause of action that survives for the benefit of the estate of a deceased person under section 29(1) of the Administration and Probate Act 1958 ; and

        (b)     the deceased person died from a cause other than the injury to which the claim relates; and

        (c)     the injury to which the claim relates, if it had been assessed under Division 3, would be significant injury.

Division 7—General

S. 28LZO inserted by No. 60/2003 s. 4.