Shinwari v Anjoul by her tutor Therese Anjoul

This case concerned an appeal from a decision of the Supreme Court of New South Wales regarding a dependency claim brought by a daughter following the death of her mother. The daughter alleged her mother’s death was caused by the negligence of a medical practitioner. The central dispute revolved around whether the medical practitioner, as a concurrent wrongdoer, could seek contribution from other potential wrongdoers under the proportionate liability provisions of the *Civil Liability Act 2002* (NSW).

The primary legal issue before the Court of Appeal was whether a claim for damages for the death of a person, brought under the *Compensation to Relatives Act 1897* (NSW), constituted an "apportionable claim" as defined by Part 4 of the *Civil Liability Act 2002* (NSW). This determination was crucial to establishing whether the defendant medical practitioner could limit their liability by apportioning it amongst other alleged wrongdoers.

The Court of Appeal, in dismissing the appeal, reasoned that a dependency claim under the *Compensation to Relatives Act 1897* (NSW) does not fall within the definition of an "apportionable claim" under section 34(1)(a) of the *Civil Liability Act 2002* (NSW). The Court held that the phrase "arising out of" in section 34(1)(a) referred to claims for economic loss or property damage, and did not extend to claims for personal injury or death. Therefore, the proportionate liability provisions of the *Civil Liability Act 2002* (NSW) were not applicable to the dependency claim. The Court granted leave to appeal, directed the appellant to file the notice of appeal in the specified form, and ultimately dismissed the appeal with costs.