Section 87R — Competition and Consumer Act 2010 (Cth)

If the non‑economic loss the plaintiff suffers is at least 15%, but less than 33%, of a most extreme case, the court must not award as personal injury damages for non‑economic loss an amount that exceeds the amount set out in the following table:

Cases of 15% or more (but less than 33%) of a most extreme case

Item

Severity of the non‑economic loss (as a proportion of a most extreme case)

Damages for non‑economic loss (as a proportion of the maximum amount of damages for non‑economic loss)

1

15%

1%

2

16%

1.5%

3

17%

2%

4

18%

2.5%

5

19%

3%

6

20%

3.5%

7

21%

4%

8

22%

4.5%

9

23%

5%

10

24%

5.5%

11

25%

6.5%

12

26%

8%

13

27%

10%

14

28%

14%

15

29%

18%

16

30%

23%

17

31%

26%

18

32%

30%

Related sections

• s 87N — Index numbers
• s 87P — Most extreme cases
• s 87Q — Cases of 33% or more (but not 100%) of a most extreme case
• s 87S — Cases of less than 15% of a most extreme case
• s 87T — Referring to earlier decisions on non‑economic loss
• s 87U — Personal injury damages for loss of earning capacity

Research how courts apply s 87R

BriefBridge searches Australian caselaw by meaning — every answer cited to the paragraph.