28—Liability to parents of person wrongfully killed
(1) Whenever the death
of an infant is caused by a wrongful act, neglect or default, and the act,
neglect or default is such as would, if death had not ensued, have entitled
the infant to maintain an action to recover damages, the person who would have
been liable if death had not ensued shall be liable to pay to the surviving
parents or parent of the child such sum—
(a)
where the death occurred before the commencement of the Wrongs Act Amendment
Act 1974 —not exceeding one thousand dollars; or
(b)
where the death occurred after the commencement of the Wrongs Act Amendment
Act 1974 —not exceeding $10 000,
as the court thinks just by way of solatium for the suffering caused to the
parents or parent by the death of the child.
(2) Where both parents
bring an action to recover any sum of money payable under this section, the
amount recovered after deducting the costs not recovered from the defendant,
shall be divided between the parents in such shares as the court directs.
(3) Where both parents
survive the child and either of them does not join in bringing an action under
this section, the other may bring an action for such amount as he claims to be
due to him or her.
(4) In this
section—
"parent" means the father or mother of a child.