120Relationship with orders or awards of other courts and

120 Relationship with orders or awards of other courts and tribunals (1) A compensation order may not be made if another court or tribunal has awarded compensatory damages or compensation in civil proceedings for damage based on the same or similar facts. (2) If a court purports to make an order under this Division in the circumstances mentioned in subsection (1): (a) the order has no effect to the extent to which it covers the same matters as those covered by the other award; and (b) any payments made under the order, to the extent to which it has no effect, must be repaid by the rail or road authority. (3) The making of a compensation order does not prevent another court or tribunal from subsequently awarding damages or compensation in civil proceedings for damage based on the same or similar facts, but the other court or tribunal must take the order into account when awarding the damages or compensation.