s. 19 19 Assessment of damages S. 19 substituted by (1) In assessing damages in any action under this Part, No. 7496 s. 2, whether commenced before or after the passing of amended by No. 6/2004 s. 3 the Wrongs (Assessment of Damages) Act 1966, (ILA s. 39B(1)). there shall not be taken into account— (a) a sum paid or payable on the death of the deceased person under any contract of assurance or insurance (including a contract made with a friendly or other benefit society or association or trade union); (b) a sum paid or payable out of any superannuation provident or like fund; (c) a sum paid or payable by way of pension benefit or allowance under any law of the Commonwealth or the State or under the law of any other State territory or country; or (d) a sum paid or payable as a gratuity— whether any such sum is paid or payable to the estate of the deceased person or to any person for whose benefit the action is brought. (1A) In assessing damages in any action under this Part, S. 19(1A) inserted by there shall not be taken into account— No. 69/2008 s. 12. (a) any damages under section 29(2A) of the Administration and Probate Act 1958 recovered or recoverable for the benefit of the estate of the deceased person; or (b) any share of those damages paid or likely to be paid to any person for whose benefit the action under this Part is brought. (2) In assessing damages in an action under this Part, S. 19(2) inserted by that is commenced on or after the commencement No. 6/2004 of the Wrongs (Remarriage Discount) Act 2004, s. 3.
S. 19 substituted by No. 7496 s. 2, amended by No. 6/2004 s. 3 (ILA s. 39B(1)). 19 Assessment of damages (1) In assessing damages in any action under this Part, whether commenced before or after the passing of the Wrongs (Assessment of Damages) Act 1966, there shall not be taken into account— (a) a sum paid or payable on the death of the deceased person under any contract of assurance or insurance (including a contract made with a friendly or other benefit society or association or trade union); (b) a sum paid or payable out of any superannuation provident or like fund; (c) a sum paid or payable by way of pension benefit or allowance under any law of the Commonwealth or the State or under the law of any other State territory or country; or (d) a sum paid or payable as a gratuity— whether any such sum is paid or payable to the estate of the deceased person or to any person for whose benefit the action is brought. S. 19(1A) inserted by No. 69/2008 s. 12. (1A) In assessing damages in any action under this Part, there shall not be taken into account— (a) any damages under section 29(2A) of the Administration and Probate Act 1958 recovered or recoverable for the benefit of the estate of the deceased person; or (b) any share of those damages paid or likely to be paid to any person for whose benefit the action under this Part is brought. s. 19 S. 19(2) inserted by No. 6/2004 s. 3. (2) In assessing damages in an action under this Part, that is commenced on or after the commencement of the Wrongs (Remarriage Discount) Act 2004,
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