150Proceedings for damages

150 Proceedings for damages

(1) A person injured as a result of an accident to which this Division applies may not, in proceedings to recover damages in respect of that accident, seek to recover damages from an insured person or a nominal defendant in respect of a deprivation or impairment of earning capacity arising by reason of that injury if before the date of commencement of the hearing of the proceedings the person was entitled to make a claim under the repealed Act or section 141 in respect of that deprivation or impairment of earning capacity and did not make such a claim before that date.

(2) A person injured as a result of an accident may not, in proceedings to recover damages in respect of that accident seek to recover damages from an insured person or a nominal defendant in respect of costs referred to in paragraph (a), (b), (c), (d), (e), (f) or (g) of subsection (1) of section 145 and incurred by reason of that injury if, before the date of commencement of the hearing of the proceedings, the person was entitled to make an application under the repealed Act or a claim under Part 4 in respect of those costs and did not make such an application or claim before that date.

S. 150(3) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).

(3) Despite anything in any Act or rule of law to the contrary, a judgment or order for damages in respect of the death of a person as a result of an accident awarded in proceedings under Part III of the Wrongs Act 1958 for the benefit of the dependent partner or dependent child of the deceased person must be reduced, if the person liable to pay the damages is an insured person or a nominal defendant, by the sum of amounts paid by the Commission under this Division and the Board under the repealed Act to the partner or to the child or a person on behalf of the child in respect of the death of the deceased person.

(4) If damages recoverable independently of this Division are subject to a reduction mentioned in section 26(1) of the Wrongs Act 1958, the reduction must be calculated after the reduction under subsection (3) (if any) has been made.

(5) If—

(a) judgment is obtained in proceedings to recover damages in respect of the injury of a person resulting from an accident; or

S. 150(5)(b) amended by No. 27/2001 s. 4(Sch. 2 item 4.15).

(b) judgment is obtained in proceedings for the benefit of a dependent partner or dependent child of a deceased person in respect of the death of the deceased person resulting from an accident; or

(c) whether or not proceedings are instituted, a compromise or settlement is made of a claim for damages in respect of the injury or death of a person resulting from an accident—