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Contents (2017 - 10)
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Motor Accident Injuries Act 2017 No 10
Current version for 1 February 2019 to date (accessed 29 January 2020 at 19:27)
Part 4 Division 4.1 Section 4.2
4.2   General regulation of award of damages
(cf s 123 MACA)
(1)  Damages cannot be awarded to a person in respect of a motor accident contrary to this Part.
(2)  To remove doubt it is declared that if the substantive law of New South Wales is to govern a claim for damages in respect of a motor accident, the provisions of this Part are part of that substantive law and are to be applied accordingly by a court of this or another jurisdiction that determines the claim and by the claims assessor.
(3)  If damages are awarded to a person in respect of a motor accident contrary to this Part, the person against whom the award is made:
(a)  is not required to pay those damages to the extent that the award is contrary to this Part, and
(b)  is, to the extent that the person has paid as damages an amount in excess of the amount awarded in conformity with this Part, entitled to recover the excess as a debt from the person to whom the payment is made.