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.
(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.