Nominal defendant may recover costs from rail transport operator
352 Nominal defendant may recover costs from rail transport operator
This section applies if personal injury is caused by a motor accident involving an uninsured light rail vehicle.
Note The nominal defendant is liable in relation to uninsured light rail vehicles (see s 326).
The nominal defendant may recover as a debt from the rail transport operator for the light rail vehicle any costs reasonably incurred by the nominal defendant for a motor accident claim for the personal injury.
The nominal defendant may bring a proceeding for recovery of costs under this section before the costs have been actually paid in full and, in that case, a judgment for recovery of costs may provide that, as far as the costs have not been actually paid, the right to recover the costs is contingent on payment.
This section does not affect a right of recovery that the nominal defendant may have, apart from this section, against the rail transport operator.
Note An amount recovered under this section must be paid into the nominal defendant fund (see s 330).
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