Extension of liability in certain cases
25 Extension of liability in certain cases
The liability of a person in respect of injury caused after the commencement of this Ordinance by act, neglect or default by which another person is killed, injured or put in peril extends to include liability for injury arising wholly or in part from mental or nervous shock sustained by:
a parent or the spouse or de facto partner of the person killed, injured or put in peril; or
another member of the family of the person so killed, injured or put in peril, where the person was killed, injured or put in peril within the sight or hearing of that other member of the family.
Where an action is brought by a member of the family of a person so killed, injured or put in peril in respect of liability for injury arising wholly or in part from mental or nervous shock sustained by the plaintiff and claims have been made against or are apprehended by the defendant at the suit of other members of the family of that person in respect of liability arising by operation of subsection (1) out of the same act, neglect or default, the defendant may apply to the Court for the exercise of its powers under subsection (3).
The Court may thereupon stay any proceedings pending at the suit of any such other member of the family arising out of the same act, neglect or default and may proceed in such manner and subject to such orders as to:
making members of the family of the person killed, injured or put in peril parties to the action;
who is to have the carriage of the action; and
the exclusion of any member of the family who does not come in within a time fixed by the Court,
as the Court thinks just.
Where an application under subsection (2) is made, the action shall be for the benefit of the original plaintiff and such members of the family of the person killed, injured or put in peril as are joined by the Court as plaintiffs in pursuance of the application, and the Court (or, if there is a jury, the jury) may give such damages as it thinks proportioned to the injury resulting to the plaintiffs respectively, and the amount so recovered, after deducting the costs not recovered from the defendant, shall be divided amongst the plaintiffs in such shares as the Court (or, if there is a jury, the jury) decides.
An action in respect of a liability arising by operation of subsection (1) shall be brought in the Supreme Court.
Part VIII Attachment of insurance moneys
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