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CIVIL LIABILITY ACT 2003 - SECT 59B

Circumstances in which section 59A damages can not be awarded             

59B Circumstances in which section 59A damages can not be awarded             

(1) To remove any doubt, it is declared that section 59A damages can not be awarded if the recipient is not a person mentioned in section 59A (2) (b) .
(2) Section 59A damages can not be awarded for loss if, and to the extent—
(a) the injured person can recover damages for gratuitous services mentioned in section 59 for the same injury that caused the loss; and
(b) the provision of gratuitous services to the injured person also resulted, or would also result, in the recipient being provided with the domestic services that the person has lost the capacity to provide.
(3) Section 59A damages can not be awarded if, and to the extent—
(a) the loss resulted from personal injury to which the Motor Accident Insurance Act 1994 applies; and
Note—
For when the Motor Accident Insurance Act 1994 applies, see section 5 of that Act.
(b) under section 51 of that Act an insurer has paid, or is liable to pay, the cost of providing rehabilitation services to the injured person; and
(c) the provision of the rehabilitation services resulted, or would result, in the recipient being provided with the domestic services that the injured person has lost the capacity to provide.
(4) An injured person, or an injured person’s legal representative, can not be awarded section 59A damages for a loss if the recipient has previously recovered damages for a loss sustained because of the person’s loss of capacity.



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