Section 4.21 — Motor Accident Injuries Act 2017 (NSW)

(cf s 145 MACA)
(1) If a judgment of a court is obtained for payment of damages in respect of the death of or injury to any person caused by the fault of the owner or driver of an insured motor vehicle in the use or operation of the vehicle as well as for damages in respect of any other matter, the court must, as part of the judgment, declare what portion of the sum awarded by the judgment is in respect of the death or injury.
(2) In any such case, the court is to apportion any costs awarded.

Related sections

• s 4.18 — Defence of voluntary assumption of risk
• s 4.19 — Standard of care not affected by knowledge of driver’s skill and experience
• s 4.20 — Exemplary or punitive damages
• s 4.22 — Indexation of maximum for non-economic loss damages
• s 5.1 — Definition of “no-fault motor accident”
• s 5.2 — Liability in case of no-fault motor accident

Research how courts apply s 4.21

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