135CDamages under Part III of Wrongs Act 1958

135C Damages under Part III of Wrongs Act 1958

(1) A dependant of a worker may recover damages under Part III of the Wrongs Act 1958 in respect of the death of a worker arising otherwise than out of a transport accident within the meaning of the Transport Accident Act 1986.

S. 135C(2) amended by Nos 102/2004 s. 40(m), 80/2010 s. 83(l), 67/2013 s. 633(l).

(2) A court must not, in proceedings under Part III of the Wrongs Act 1958, award damages in accordance with subsection (1) in respect of the death of a person in excess of $886 330.

(3) If an award of damages in accordance with subsection (1) is to include an amount, assessed as a lump sum, in respect of damages for future loss which is referable to—

the present value of the future loss must be qualified by adopting a discount rate of 3 per cent in order to make appropriate allowance for inflation, the income from investment of the sum awarded and the effect of taxation on that income.

(4) Except as provided in subsection (3), nothing in that subsection affects any other law relating to the discounting of sums awarded as damages.

(5) A court must not, in relation to an award of damages in accordance with this section, order the payment of interest, and no interest is payable, on any amount of damages, other than damages referable to loss actually suffered before the date of the award, in respect of the period from the date of the death of the person in respect of whom the award is made, to the date of the award.

(6) Except as provided in subsection (5), nothing in that subsection affects any other law relating to the payment of interest on any amount of damages, other than special damages.

(7) If a judgment, order for damages, settlement or compromise is made or entered in favour of a dependant of a worker in respect of proceedings in respect of the death of the worker—

S. 135C(7)(a) amended by No. 9/2010 s. 66(2).

(a) the amount of the judgment, order for damages, settlement or compromise must be reduced by the sum of the compensation (if any) paid under section 92, 92A, 92B or 92D in respect of the death; and

S. 135C(7)(b) amended by No. 81/1998 s. 25(10).

(b) the Authority, the employer or self-insurer is not liable to pay compensation, or further compensation, in respect of the death.

S. 135D inserted by No. 26/2000 s. 24, repealed by No. 67/2013 s. 638(6).

S. 136 amended by Nos 111/1986
s. 180(3) (Sch. 2 item 3(c)), 67/1992