Apportionment is not relative: lessons for defendants in dependency claims in NSW

IN BRIEF - DEFENDANT UNABLE TO APPORTION LIABILITY IN A COMPENSATION TO RELATIVES CLAIM

In Shinwari v Anjoul by her tutor Therese Anjoul [2017] NSWCA 74, the Court of Appeal has determined that a dependency claim brought under the Compensation to Relatives Act 1897 (NSW) is not an "apportionable claim" within the meaning of section 34(1)(a), Pt 4 of the Civil Liability Act 2002 (NSW).

PLAINTIFF SUCCESSFULLY ARGUES THAT DEPENDENCY CLAIM AROSE OUT OF PERSONAL INJURY CAUSED BY DOCTOR'S NEGLIGENCE

The case concerned an action brought by Ms Tobei Anjoul, an infant, against a Dr Mohammad Shinwari under section 3 of the Compensation to Relatives Act (CRA) for alleged negligent treatment of the infant's mother (the deceased). The mother died following a cardiac arrest while being treated for opiate addiction (the dependency claim).