ACTIn ForceAct
Civil Law (Wrongs) Act 2002
26Amounts not taken into account in assessing damages
Start here
Get a plain-English read of 26
Turn the raw legal text into a practical explanation grounded in Civil Law (Wrongs) Act 2002.
26 Amounts not taken into account in assessing damages
for death
In assessing damages in relation to liability under this part, the
following must not be taken into account to reduce the damages:
(a) an amount paid or payable on the death of, or personal injury to,
the dead person under a contract of insurance;
(b) an amount paid or payable out of a superannuation, provident or
similar fund, or as a benefit from a friendly society, benefit
society, lodge or trade union;
(c) an amount paid or payable because of the death or injury of the
dead person that is—
(i) a payment instead of leave; or
(ii) a payment of a pension or another social security or
veterans benefit;
(d) an amount paid or payable as a gratuity on the death of the dead
person;
(e) an amount in relation to the acquisition by a member of the dead
person’s family, after the death, of—
(i) a house, or an interest in a house, used at any time as the
member’s home; or
(ii) the household contents, or an interest in the household
contents, of the house;
(f) a premium that would have become payable under a contract of
insurance on the life of the dead person if the person had lived
beyond the time when he or she died.