NSW v Corby

[2010] NSWCA 27

NSW Court of Appeal

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Interrogate

Catchwords

1. Torts
2. › Damages
3. › Aggravated damages
4. › Whether aggravated damages constitute personal injury damages
5. › Whether precluded by statutory threshold for offenders in custody
6. › Civil Liability Act 2002 (NSW), ss 26A, 26B, 26C
1. Torts
2. › Damages
3. › Exemplary damages
4. › Whether exemplary damages fall within statutory prohibition on damages for offenders in custody
5. › Whether language of s 26C apt to cover exemplary damages
6. › Civil Liability Act 2002 (NSW), ss 3, 26C
1. Statutes
2. › Construction
3. › Civil Liability Act 2002 (NSW)
4. › Part 2A — Special provisions for offenders in custody
5. › Scope of prohibition on recovery of damages
6. › Statutory history and amendments
7. › Whether presumption against interference with common law rights applies
8. › Civil Liability Act 2002 (NSW), ss 3, 3B, 21, 26A, 26B, 26C

Quick Take

Section 26C of the Civil Liability Act 2002 (NSW) precludes recovery of aggravated damages by offenders in custody who do not meet the 15% permanent impairment threshold, because aggravated damages are a form of compensatory general damages. However, exemplary damages are not precluded by s 26C, and an offender in custody may maintain a claim for exemplary damages even where the impairment threshold is not met. The Court noted there are other cases that will turn on this outcome.