Limitation of amount of damages
42 Limitation of amount of damages
Limitation imposed on single claims: A limitation imposed by a scheme in force under this Act of an amount of damages is a limitation of the amount of damages that may be awarded for a single claim and is not a limitation of the amount of damages that may be awarded for all claims arising out of a single event.
No splitting of plaintiffs: Claims by a number of persons who have a joint interest in a cause of action are to be treated as a single claim for the purposes of this Act despite the fact that they may also have several interests.
No splitting of defendants: Two or more claims by the same person arising out of a single event against persons to whom a scheme in force under this Act applies and who are associated are to be treated as a single claim for the purposes of this Act.
Associated defendants: Persons are associated if they are —
partners, employees of the same employer or in the relationship of employer and employee; or
officers of the same body corporate or in the relationship of body corporate and officer of the body corporate (with officer having the meaning given in section 31); or
persons who are prescribed by the regulations for the purposes of this subsection.
[Section 42 amended: No. 3 of 2010 s. 28.]
This provision refers to the regulations (prescribed by the regulations
). Made under this Act:
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