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NSW
★ New South Wales · fracture

Fracture settlements
in New South Wales.

By Reviewed by Abd Shanti, Founder9 min read

A motorcyclist attacked by a dog on a public road in June 2022 suffered a displaced fracture of the elbow and a knee laceration; with non-economic loss assessed at 30% of a most extreme case, he received $460,988.99. A subcontractor who broke his ankle falling three metres through an uncovered opening in a Randwick building slab won damages against the head contractor, with past lost income of $450,000, reduced by 30% for his own negligence.

Facts that decide a fracture claim in New South Wales

Non-economic loss thresholdNo damages for non-economic loss “unless its severity is at least 15% of a most extreme case”; above that, the court fixes a percentage of a most extreme case.Civil Liability Act 2002 (NSW) s 16(1), as quoted in Delaney v Federation Council [2025] NSWDC 141
Dog ownersA person injured by a dog attack can claim damages under s 25 of the Companion Animals Act 1998, assessed under the Civil Liability Act.Hardy v Eclipse K9 Security [2024] NSWDC 602
Contributory negligenceDamages are reduced for the injured person’s own negligence; the defendants in Daher argued for 100%, and the court assessed it at 30%.Daher v Gold & Eagle Constructions [2024] NSWSC 1575
★ NSW · reported fracture outcomes

What New South Wales courts have awarded.

Real New South Wales decisions and verdicts, each linked to the court record or official report.

  • Hardy v Eclipse K9 Security Pty Ltd
    District Court of NSW · 2024
    $460,988.99

    On 4 June 2022 Matthew Hardy was riding his motorcycle on a public road when a dog attacked him. At Liverpool Hospital an X ray confirmed a mildly displaced fracture of the radial head in his left elbow, and he had a contaminated laceration to his right knee. The owner did not defend the claim. The court assessed non-economic loss at 30% of a most extreme case and gave judgment for $460,988.99.

  • Daher v Gold & Eagle Constructions Pty Ltd
    Supreme Court of NSW · 2024
    Damages against the head contractor

    On 20 August 2019 Anthony Daher fell through an unguarded opening in a suspended concrete slab at a renovation in Burton Street, Randwick, into the cellar below, three metres down, breaking his ankle. The court found him entitled to damages against the head contractor, not the owner, assessed his own contributory negligence at 30%, and assessed past lost income at $450,000.

★ NSW · fracture · in practice

What changes the number here.

What actually moves a fracture settlement in New South Wales.

  1. 1

    After a dog attack, get the owner’s details and report it; the owner is liable under the Companion Animals Act.

  2. 2

    On building sites, record who removed any cover or guard before a fall.

  3. 3

    Walk around a known hazard rather than across it; Daher’s damages were cut by 30%.

★ NSW · statute of limitations
3 years from discoverability

Limitation Act 1969 (NSW) s 50C

★ NSW · fault rule
Common-law contributory reduction

Contributory-negligence reduction under the Civil Liability Act 2002 (NSW). Above 100% claimant fault, recovery is barred.

★ NSW · caps

What caps recovery.

Statutory caps that may bear on a fracture settlement in New South Wales.

★ fracture · same region & fault regime

Compare to like jurisdictions.

How New South Wales's fault rule and limitation period compare to jurisdictions in the same Australia region and to those running the same fault rule for fracture claims.

JurisdictionFault ruleLimitationFracture page
New South Wales · you are hereCommon-law contributory reduction3 years from discoverability—
VictoriaCommon-law contributory reduction3 years from discoverability (subject to 12-year longstop)VIC · fracture →
QueenslandCommon-law contributory reduction3 years from discoverabilityQLD · fracture →
TasmaniaCommon-law contributory reduction3 years from discoverabilityTAS · fracture
Australian Capital TerritoryCommon-law contributory reduction3 years from discoverabilityACT · fracture
Western AustraliaCommon-law contributory reduction3 years from discoverability with 12-year longstopWA · fracture →
South AustraliaCommon-law contributory reduction3 years from discoverabilitySA · fracture
Northern TerritoryNo-fault statutory scheme3 yearsNT · fracture
★ NSW · fracture · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

Sources

Checked 2026-09-30.

★ all of NSW
New South Wales overview

Fault rule, statute, caps, and key facts for New South Wales as a whole.

★ national frame
Fracture in Australia

Fracture band structure and severity tiers at the Australia level.

★ all 15 countries
Fracture · everywhere

Cross-jurisdiction comparison of fracture bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult a lawyer licensed in New South Wales. See /methodology, /sources, and /disclaimer.