(1) Subject to
section 3A, this Part applies to the awarding of personal injury damages
unless this section states otherwise.
(2) This Part extends
to an award of personal injury damages even if the damages are sought to be
recovered in an action for breach of contract or any other action.
[(3) deleted]
(4) This Part applies
only if the personal injury arises out of an incident happening after the
commencement of this Part.
(5) If —
(a) it
cannot be ascertained whether or not the incident out of which the personal
injury arises happened after the commencement of this Part; and
(b) the
symptoms of the injury first appeared after the commencement of this Part,
the incident is to be
taken, for the purpose of subsection (4), to have happened after the
commencement of this Part.
[Section 6 amended: No. 58 of 2003 s. 11.]