CIVIL LIABILITY ACT 2003 - SECT 61
Assessment by court of injury scale
CIVIL LIABILITY ACT 2003 - SECT 61
Assessment by court of injury scale
61 Assessment by court of injury scale
(1) If general damages are to be awarded by a court in relation to an injury
arising after 1 December 2002, the court must assess an injury scale value as
follows—
(a) the injured person’s total general damages must be assigned a
numerical value (
"injury scale value" ) on a scale running from 0 to 100;
(b) the scale
reflects 100 equal gradations of general damages, from a case in which an
injury is not severe enough to justify any award of general damages to a case
in which an injury is of the gravest conceivable kind;
(i) assess the injury scale value under
any rules provided under a regulation; and
(ii) have regard to the
injury scale values given to similar injuries in previous proceedings.
(2) If
a court assesses an injury scale value for a particular injury to be more or
less than any injury scale value prescribed for or attributed to similar
particular injuries under subsection (1) (c) , the court must state the
factors on which the assessment is based that justify the assessed
injury scale value.