(1) If an authorised applicant suffers any injury or damage because of a contravention of section 37, 38, 43 or 44, the applicant may recover the amount of the loss or damage or damages in respect of the injury by proceeding against any person involved in the contravention.
(2) A proceeding under this section may be brought in any court of competent jurisdiction.
(3) A proceeding under subsection (1) must not be commenced more than 3 years after the date on which the cause of action accrued.
(4) A court may make an order under this section whether or not an injunction is granted under section 45.