• Specific Year
    Any

MOTOR VEHICLES ACT 1959 - SECT 124AA

MOTOR VEHICLES ACT 1959 - SECT 124AA

124AA—Limitation of liability in respect of foreign awards

        (1)         This section applies in relation to actions brought before a court of another country or state (except a state or territory of the Commonwealth).

        (2)         Any limitation on liability for damages for death or bodily injury arising out of the use of a motor vehicle that is relevant to the operation of this Part and the degree of liability under the policy of insurance under this Part (including, but not limited to, the Civil Liability Act 1936 ) is a substantive law of the State and is intended to apply in relation to any action that arises out of the occurrence of the death or bodily injury

            (a)         irrespective of where the death or bodily injury occurred; and

            (b)         despite the fact that the court before which the action is brought would not (but for this subsection) apply, or take into account, the law of this State.

        (3)         If—

            (a)         an action is brought in respect of death or bodily injury arising out of the use of an insured motor vehicle in a court that is not a court of the State; and

            (b)         despite subsection (2), the court awards an amount to a person that is in excess of the amount (if any) that would have been awarded in a similar action before a court of the State; and

            (c)         the insurer is liable to pay the amount awarded,

the following provisions apply:

            (d)         the insurer is entitled to recover the excess from, or set off the excess against any payment to be made to, the person to whom the amount is awarded (the "judgment creditor");

            (e)         the insured person's liability to the judgment creditor is fully discharged on payment by the insurer to the judgment creditor of—

                  (i)         the amount awarded; or

                  (ii)         the amount awarded less the amount of the excess.

        (4)         In the course of proceedings under subsection (3)(d), a court may—

            (a)         receive in evidence any transcript of evidence in proceedings before the court by which the amount was awarded and draw any conclusion of fact from the evidence it considers proper; or

            (b)         adopt any of the court's findings of fact.