Section 53 — Civil Liability Act 2002 (NSW)

(1) If section 52 would operate to prevent a person incurring a liability to which this Part applies in respect of any conduct but for the fact that the conduct was not a reasonable response in the circumstances as he or she perceived them, a court is nevertheless not to award damages against the person in respect of the conduct unless the court is satisfied that—
(a) the circumstances of the case are exceptional, and
(b) in the circumstances of the case, a failure to award damages would be harsh and unjust.
(2) If the court determines to award damages on the basis of subsection (1), the following limitations apply to that award—
(a) Part 2 (with the exception of Division 3 of that Part) applies with respect to the award of damages despite section 3B(1)(a), and
(b) no damages may be awarded for non-economic loss.

Related sections

• s 50 — No recovery where person intoxicated
• s 51 — Part applies to civil liability for death, injury or property damage
• s 52 — No civil liability for acts in self-defence
• s 54 — Criminals not to be awarded damages
• s 54A — Damages limitations if loss results from serious offence committed by impaired person
• s 54B — Definitions

Research how courts apply s 53

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