A person who was a resident of the Territory at the time of a motor vehicle accident remains a resident for the purposes of the Motor Accidents (Compensation) Act even if they subsequently leave the Territory with the intention of no longer residing there. Where the TIO Board gives notice under section 41(3) requiring a person to commence or continue an action, the plaintiff is entitled to recover full common law damages without the limitations on heads of damage or the $100,000 cap imposed by sections 5 and 39 of the Act.
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