OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 44 Damages

OLYMPIC INSIGNIA PROTECTION ACT 1987 - SECT 44

  (1)   If the AOC or a licensed user suffers loss or damage as a result of anything done by a person in contravention of section   36, the amount of the loss or damage may be recovered by action in a prescribed court.

  (2)   The action must be brought within 3 years after the day on which the contravention occurred.

  (3)   The grant of an injunction under section   41 does not prevent the recovery of loss or damages under this section.

  (4)   The AOC or a licensed user is not entitled to both:

  (a)   the recovery of loss or damages under this section; and

  (b)   an account of profits under section   45;

in respect of the same contravention of section   36.