Section 16 — Civil Liability Act 2002 (NSW)

(1) No damages may be awarded for non-economic loss unless the severity of the non-economic loss is at least 15% of a most extreme case.
(2) The maximum amount of damages that may be awarded for non-economic loss is $350,000, but the maximum amount is to be awarded only in a most extreme case.
(3) If the severity of the non-economic loss is equal to or greater than 15% of a most extreme case, the damages for non-economic loss are to be determined in accordance with the following Table—
Table
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 that may be awarded for non-economic loss)
15% | 1%
16% | 1.5%
17% | 2%
18% | 2.5%
19% | 3%
20% | 3.5%
21% | 4%
22% | 4.5%
23% | 5%
24% | 5.5%
25% | 6.5%
26% | 8%
27% | 10%
28% | 14%
29% | 18%
30% | 23%
31% | 26%
32% | 30%
33% | 33%
34%–100% | 34%–100% respectively
(4) An amount determined in accordance with subsection (3) is to be rounded to the nearest $500 (with the amounts of $250 and $750 being rounded up).
Note. The following are the steps required in the assessment of non-economic loss in accordance with this section— Step 1: Determine the severity of the claimant’s non-economic loss as a proportion of a most extreme case. The proportion should be expressed as a percentage. Step 2: Confirm the maximum amount that may be awarded under this section for non-economic loss in a most extreme case. This amount is indexed each year under section 17. Step 3: Use the Table to determine the percentage of the maximum amount payable in respect of the claim. The amount payable under this section for non-economic loss is then determined by multiplying the maximum amount that may be awarded in a most extreme case by the percentage set out in the Table. Where the proportion of a most extreme case is greater than 33%, the amount payable will be the same proportion of the maximum amount.

Related sections

• s 15A — Damages for gratuitous attendant care services: dust-related conditions
• s 15B — Damages for loss of capacity to provide domestic services
• s 15C — Damages for loss of superannuation entitlements
• s 17 — Indexation of maximum amount relating to non-economic loss
• s 17A — Tariffs for damages for non-economic loss
• s 18 — Interest on damages

Research how courts apply s 16

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