Law Reform (Miscellaneous Provisions) Act 1956

Where a cause of action survives under this Part for the benefit of the estate of a deceased person, the damages recoverable for the benefit of the estate of that person:

do not include exemplary damages;

in the case of a breach of promise to marry, are limited to such damage, if any, to the estate of that person as flows from the breach of promise to marry; and

where the death of that person has been caused by the act or omission which gives rise to the cause of action:

shall be calculated without reference to any loss or gain to his estate consequent upon his death, except that a sum in respect of funeral expenses may be included; and

do not include damages for the pain or suffering of that person or for any bodily or mental harm suffered by him or for the curtailment of his expectation of life; and

shall be calculated without reference to the future probable earnings of the deceased if he had survived the consequences of the act or omission and without allowance being made for the loss of his earning capacity that relates to a period after his death.

However, if a person commences an action for damages for personal injury arising from a dust disease and dies as a result of the disease before the action is determined, the exclusion of damages for pain or suffering, bodily or mental harm or curtailment of expectation of life (subsection (1)(c)(ii)) does not apply.

Subsection (2) extends to an action that remains undetermined at the date of commencement of that subsection even though the (former) plaintiff has, as at that date, already died.

In this section:

dust disease means a pathological condition of the lungs, pleura or peritoneum that is attributable to dust.