Proceedings and evidence—div 9.6 authorities
116 Proceedings and evidence—div 9.6 authorities
This section applies if an entity (the successor) becomes the successor in law of someone else (the original entity) at a particular time (the handover time) in relation to a particular asset, right or liability because of a declaration made by a Minister under this division.
A proceeding for a cause of action may be brought against the successor in relation to the asset, right or liability if, before handover time—
the cause of action had accrued against the original entity in relation to the asset, right or liability; and
a proceeding had not started in relation to the cause of action; and
the limitation period for the cause of action had not ended.
The Limitation Act 1985, part 3 (Postponement of bar) applies to the starting of a proceeding that may be brought by or against the successor under this section as if the cause of action had been accrued by, or had accrued against, the successor.
The court or other entity in which, or before which, a proceeding has been or may be started under this section may give directions about the proceeding.
Any evidence that, before handover time, would have been admissible for or against the original entity in relation to the asset, right or liability is admissible for or against the successor.
An order made in a proceeding by or against the original entity in relation to the asset, right or liability before handover time may be enforced by or against the successor.
In this section:
proceeding includes a proceeding by way of appeal or review (including review under the Ombudsman Act 1989).
This Act’s bill:Explanatory statement
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