Section 12(2) of the Civil Liability Act 2002 (NSW) applies to cap damages in Compensation to Relatives Act claims by reference to the deceased person's gross weekly earnings, notwithstanding that the provision refers only to 'the claimant's' earnings. The majority read the words 'or deceased person's' into s 12(2) as a correction of a drafting error. However, Basten JA's dissent raises substantial doubt about this construction, and the question may warrant legislative clarification. Other provisions in Part 2 (ss 13, 14, 15) may not apply to fatal accident claims, creating further unresolved issues.
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