Section 54 — Civil Liability Act 2002 (NSW)

(1) A court is not to award damages in respect of liability to which this Part applies if the court is satisfied that—
(a) the death of, or the injury or damage to, the person that is the subject of the proceedings occurred at the time of, or following, conduct of that person that, on the balance of probabilities, constitutes a serious offence, and
(b) that conduct contributed materially to the death, injury or damage or to the risk of death, injury or damage.
(2) This section does not apply to an award of damages against a defendant if the conduct of the defendant that caused the death, injury or damage concerned constitutes an offence (whether or not a serious offence).
(3) A serious offence is an offence punishable by imprisonment for 6 months or more.
(4) This section does not affect the operation of the Felons (Civil Proceedings) Act 1981.
(5) This section operates whether or not a person whose conduct is alleged to constitute an offence has been, will be or is capable of being proceeded against or convicted of any offence concerned.

Related sections

• s 51 — Part applies to civil liability for death, injury or property damage
• s 52 — No civil liability for acts in self-defence
• s 53 — Damages limitations apply even if self-defence not reasonable response
• s 54A — Damages limitations if loss results from serious offence committed by impaired person
• s 54B — Definitions
• s 54C — Application of Division

Research how courts apply s 54

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