123General regulation of court awards

#### 123 General regulation of court awards 123 General regulation of court awards (cf s 70 MAA) > > (1) A court cannot award damages to a person in respect of a motor accident contrary to this Chapter. > > > (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 Chapter are part of that substantive law and are to be applied accordingly by the court that determines the claim (including a court of another jurisdiction). > > > (3) If a court (including a court of another jurisdiction) awards damages to a person in respect of a motor accident contrary to this Chapter, 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 Chapter, 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 Chapter, entitled to recover the excess as a debt from the person to whom the payment is made. > > **s 123:** Am 2007 No 95, Sch 1 \[78\].