106Certain actions not to commence until application for compensation determined

106 Certain actions not to commence until application for compensation determined

(1)  This section applies to –

(a) an action for damages, by a person who has a compensable disease, in relation to the contraction by the person, in the course of employment as a worker in connection with this State, of an asbestos-related disease; and

(b) an action for damages, by a member of the family of a person who has a compensable disease, in relation to the contraction, in the course of employment as a worker in connection with this State, of an asbestos-related disease by the person who has a compensable disease.

(2)  An action for damages to which this section applies in relation to an asbestos-related disease must not be commenced after the commencement day unless –

(a) the person commencing the action has made an application for compensation in relation to the disease; and

(b) a determination in relation to the application for compensation has been made under section 70 .

(3)  If an action for damages to which this section applies is, in contravention of subsection (2) , commenced by a person after the commencement day, any relevant judgment or settlement made in relation to the action is void.

(4)  If –

(a) a person has made an application for compensation in relation to the contraction by a person of an asbestos-related disease in the course of employment as a worker; and

(b) before that application for compensation was made, the operation of an enactment relating to the limitation of actions did not prevent the taking by that person of an action for damages to which this section applies; and

(c) an action for damages to which this section applies is, within 10 business days after the making of a determination under section 70 in relation to the applicationfor compensation, commenced by the person, or another person, in relation to the contraction of the asbestos-related disease referred to in paragraph (a)  –

the enactment relating to the limitation of actions does not prevent the taking of the action for damages.