Victorian Numbered Acts

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MAJOR EVENTS (AERIAL ADVERTISING) ACT 2007 (NO. 13 OF 2007) - SECT 18

Action for damages

    (1)     If any person suffers any loss, injury or damage because of a contravention of section 10, the person may recover the amount of the loss, injury or damage, or damages in respect of the loss, injury or damage, by proceeding against one or more of the following—

        (a)     a person who has aided, abetted, counselled or procured the contravention;

        (b)     a person who has induced, whether by threats or promises or otherwise, the contravention;

        (c)     a person who has been in any way, directly or indirectly, knowingly concerned in or party to, the contravention;

        (d)     a person who has conspired with others to effect the contravention.

    (2)     Without limiting the powers of the court under subsection (1), an order made by the court under this section may include the recovery of future losses as a result of the potential loss of sponsorship of an event.

    (3)     A proceeding under this section may be brought in any court of competent jurisdiction.

    (4)     A proceeding under subsection (1) must not be commenced more than 3 years after the date on which the cause of action accrued.
s. 18

    (5)     A court may make an order under this section whether or not an injunction is granted under section 16.

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