MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 57A
Application of limitation of liability to foreign awards
MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 57A
Application of limitation of liability to foreign awards
57A Application of limitation of liability to foreign awards
(1) This section applies to claims arising out of motor vehicle accidents in
Queensland.
(2) It is Parliament’s intention that the limits on liability
for damages for personal injury arising out of motor vehicle accidents—
(a)
are to apply (to the full extent of the Parliament’s extraterritorial
legislative capacity) whether damages are assessed in Queensland or elsewhere;
and
(b) are to be regarded by courts within and outside Queensland as
substantive (rather than procedural) provisions.
(3) If a claimant, by
proceeding in a court outside Queensland, recovers damages in excess of the
amount that could have been recovered if the limits on liability referred to
in subsection (2) had been applied, the person liable to pay the damages may
recover from the claimant the amount by which the amount of the damages
exceeds the amount that would have been recovered if the action had been
brought in Queensland.