TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AH Relationship with orders or awards of other courts and tribunals

TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 164AH

164AH Relationship with orders or awards of other courts and tribunals

(1) A road compensation order may not be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings in relation to the damage the subject of the order based on the same or similar facts.

(2) If a court purports to make a road compensation order in the circumstances mentioned in subsection (1) —

(a) the order is void to the extent it covers the same matters as those covered by the other award; and

(b) any payment made under the order to the extent to which it is void must be repaid by the responsible entity.

(3) The making of a road compensation order does not prevent another court or tribunal from afterwards awarding damages or compensation in civil proceedings in relation to the damage the subject of the order based on the same or similar facts, but the court or tribunal must take the order into account when awarding damages or compensation.

(4) Nothing in this division affects or limits any liability to pay compensation under the Transport Infrastructure Act 1994 , section 48 other than as provided by this section.