Taylor v The Owners - Strata Plan No 11564 [2012] NSWSC 842

Taylor v The Owners - Strata Plan No 11564 [2012] NSWSC 842

The court held that s 12(2) of the Civil Liability Act 2002 applies to claims under the Compensation to Relatives Act 1987 for loss of expectation of financial support, and that the relevant earnings for the statutory limitation are those of the deceased, not of the plaintiff or other beneficiaries.

Jurisdiction
Australia
Judgment Date
27 July 2012
Procedural Posture
Civil / Determination of a Separate Question Prior to Full Trial
Outcome
Separate question answered in favour of the defendants; plaintiffs to pay defendants' costs.
Legal Topics
['damages' 'wrongful Death' 'statutory Limitation of Damages' 'compensation to Relatives Act' 'civil Liability Act']
['torts' 'statutory Interpretation' 'civil Procedure'] ['damages' 'wrongful Death' 'statutory Limitation of Damages' 'compensation to Relatives Act' 'civil Liability Act']

Case Brief

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Procedural Posture

Civil / Determination of a Separate Question Prior to Full Trial

Legal Issues

  1. 1 ['Does s 12(2) of the Civil Liability Act 2002 apply to limit damages for loss of expectation of financial support in a claim under the Compensation to Relatives Act 1987?' "What is the correct interpretation of 'claimant' in s 12(2) for actions under Compensation to Relatives Act?"]

Ratio Decidendi

The court held that s 12(2) of the Civil Liability Act 2002 applies to claims under the Compensation to Relatives Act 1987 for loss of expectation of financial support, and that the relevant earnings for the statutory limitation are those of the deceased, not of the plaintiff or other beneficiaries.

Court Disposition

Separate question answered in favour of the defendants; plaintiffs to pay defendants' costs.

Orders

  • ["The claim by the first plaintiff in proceedings 2010/405732 for damages pursuant to the Compensation to Relatives Act 1987 is, insofar as it includes damages for the loss of an expectation of financial support provided by the late Mr Taylor, to be determined in accordance with s 12(2) of the Civil Liability Act...