28 application of part (1) this part (except section 29) applies to any claim for damages for mental harm resulting from negligence, regardless of whether the claim is brought in tort, in. (1) this section applies to the liability of a person (the defendant) for pure mental harm to a person (the plaintiff) arising wholly or partly from mental or nervous shock in connection with. Contributory negligence in nsw dependency and mental harm claims published on july 17, 2025 by bill madden and matilda lynch in new south wales, claims for compensation.
The civil liability act 2002 (nsw) sets out the legal principles courts must apply when adjudicating claims involving negligence, duty of care, and liability for damages. Part 3(1) this part (except section 29) applies to any claim for damages for mental harm resulting from negligence, regardless of whether the claim is brought in tort, in contract, under statute or. Civil liability relating to an award to which chapter 5 of the motor accidents compensation act 1999 applies (including an award to and in respect of which that chapter.
This article examines how contributory negligence is addressed in both dependency claims and claims for mental harm, referencing key legislative provisions and. Application of part (1) this part applies to any claim for damages for harm resulting from negligence, regardless of whether the claim is brought in tort, in contract, under statute or.