Taylor v The Owners - Strata Plan No 11564

[2012] NSWSC 842

Supreme Court of NSW

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Interrogate

Catchwords

1. Damages
2. › Personal injury damages
3. › Statutory limitations on damages
4. › Loss of expectation of financial support
5. › Whether cap on economic loss applies to Compensation to Relatives Act claims
6. › Civil Liability Act 2002 (NSW), s 12(2)
7. › Compensation to Relatives Act 1897 (NSW), ss 3, 4
1. Statutory Interpretation
2. › Purposive construction
3. › Meaning of 'claimant' in s 12(2) of Civil Liability Act 2002 (NSW)
4. › Whether 'claimant' refers to deceased or person bringing action
5. › Construction to avoid anomalous results
1. Damages
2. › Compensation to relatives
3. › Nature of action under Compensation to Relatives Act 1897 (NSW)
4. › Derivative action
5. › Loss of expectation of financial support
6. › Whether Part 2 of Civil Liability Act 2002 (NSW) applies to such claims

Quick Take

In claims under the Compensation to Relatives Act 1897 (NSW), the s 12(2) cap on economic loss in the Civil Liability Act 2002 (NSW) applies, and the relevant earnings for the purpose of the cap are those of the deceased person (not the person bringing the claim). This means that where the deceased earned more than three times average weekly earnings, the court must disregard the excess when calculating loss of expectation of financial support.