107Commission may take proceedings

107 Commission may take proceedings

(a) the Commission has paid an amount under this Act in respect of an injury or death; and

(b) a person (other than the Commission) who appears to be liable or who it appears would have been liable, but for section 93, to pay damages or an amount by way of indemnity in respect of the injury or death is not entitled to be indemnified against that liability under an indemnity to which section 94 applies; and

S. 107(1)(c) amended by No. 32/1988 s. 24.

(c) proceedings against that person for the purpose of recovering such damages or amount have not been instituted or have been instituted but have been discontinued or have not been properly prosecuted—

the Commission may take over the conduct of the proceedings.

(2) The Commission is liable to pay all costs of or incidental to proceedings referred to in subsection (1), being costs payable by the plaintiff in those proceedings but not including costs unreasonably incurred by the plaintiff.

(3) If, in accordance with this section, the Commission takes over the conduct of proceedings that have been instituted in the name of a person—

(a) the Commission may—

(i) settle the proceedings either with or without obtaining judgment in the proceedings; and

(ii) if a judgment is obtained in the proceedings in favour of the plaintiff—take such steps as are necessary to enforce the judgment; and

(b) that person shall sign any document relevant to the proceedings, including the settlement of the proceedings, that the Commission requires the person to sign and, if the person fails to sign any such document, the court or tribunal in which the proceedings are being taken may direct that that document be signed on behalf of the person by another person appointed by the Commission for that purpose.

S. 107A inserted by No. 26/2000 s. 29.