New South Wales Consolidated Acts New South Wales Consolidated Acts(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.