New South Wales Consolidated Acts

MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 170

170 Determination of claims

(1) The Secretary may allow, wholly or partly, a claim for compensation if the Secretary is satisfied that it relates to a loss for which compensation may be paid under this Part.

(2) The Secretary may disallow any claim, wholly or partly, in appropriate cases. In particular, the Secretary may disallow a claim to the extent that the loss was suffered as a result of a failure to mitigate loss or was occasioned by unreasonable delay in making a claim.

(3) The Secretary must disallow a claim in connection with a loss unless the motor dealer, motor vehicle repairer or tradesperson involved--

(a) was at the time of the relevant act or omission from which the loss arose the holder of the applicable licence, or

(b) the Secretary is satisfied that the claimant believed on reasonable grounds that the motor dealer, motor vehicle repairer or tradesperson was the holder of such a licence.

(4) The Secretary must disallow a claim unless the Secretary is satisfied that the claimant has taken all reasonable steps to exercise any legal remedies or other rights of action available to the claimant in respect of the loss.

(5) The Secretary must give a claimant for compensation notice in writing of the Secretary's decision as to the claim.