New South Wales Consolidated Acts

CIVIL LIABILITY ACT 2002 - SECT 26X

26X Limitation on exemplary, punitive and aggravated damages against protected defendant in cases of vicarious liability

(1) In an action against a protected defendant for the award of personal injury damages where the act or omission that caused the injury or death was a tort (whether or not negligence) of a person for whose tort the protected defendant is vicariously liable, a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages.

(2) Subsection (1) does not limit the application of section 21 to actions for the award of personal injury damages to which this Part applies.

Note : Section 21 provides that a court cannot award exemplary or punitive damages or damages in the nature of aggravated damages in an action for the award of personal injury damages where the act or omission that caused the injury or death was negligence.