Limitation on exemplary, punitive and aggravated damages against protected defendant in cases of vicarious liability
(1) In an action against a protected defendant for the award of personal injury damages where the act or omission that caused the injury or death was a tort (whether or not negligence) of a person for whose tort the protected defendant is vicariously liable, a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages. (2) Subsection (1) does not limit the application of section 21 to actions for the award of personal injury damages to which this Part applies.
Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.
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