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CIVIL PROCEEDINGS ACT 2011 - SECT 64
Liability for a death
64 Liability for a death
(1) This section applies if— (a) a death is caused by a wrongful act or
omission, whether or not an offence; and
(b) the act or omission would, if
death had not resulted, have entitled the deceased person to recover damages
in a proceeding for personal injury.
(2) The person who would have been
liable if the death had not resulted is liable for damages despite the death
and whether or not the death was caused by circumstances that were an offence.
(3) In a proceeding under this part, a court may award to the members of the
deceased person’s family the damages it considers to be proportional to the
damage to them resulting from the death.
(4) The amount of damages awarded to
a person under a legal incapacity may include an amount for management fees
relating to the amount awarded to the person.
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