Western Australian Numbered Acts Western Australian Numbered Acts (1) If the amount of
non-pecuniary loss is assessed to be not more than Amount A for the year in
which the amount is assessed, no damages are to be awarded for
non-pecuniary loss.
(2) If the amount of
non-pecuniary loss is assessed to be more than Amount A but not more than
Amount C for the year in which the amount is assessed, damages for
non-pecuniary loss are not to be awarded in an amount that is more than the
excess of the amount assessed over Amount A.
(3) If the amount of
non-pecuniary loss is assessed to be more than Amount C but less than the sum
of Amount A and Amount C for the year in which the amount is assessed, damages
for non-pecuniary loss are not to be awarded in an amount that is more than
the excess of the amount assessed over the amount calculated as
follows —
Amount A — (Amount assessed — Amount C)
(4) In this
section —
"Amount A" has the meaning given by
section 10;
"Amount C" has the meaning given by
section 10;
"non-pecuniary loss" means —
(a) pain
and suffering;
(b) loss
of amenities of life;
(c) loss
of enjoyment of life;
(d)
curtailment of expectation of life; and
(e)
bodily or mental harm.