Transfer of pending proceedings
41 Transfer of pending proceedings
This section applies if, as a result of a declaration made by the Minister under this Part, a person (the successor) becomes the successor in law of another person (the original person) at a particular time in relation to a particular asset, liability, right, benefit or obligation.
If any proceedings to which the original person was a party:
were pending in any court or tribunal immediately before that time; and
related, in whole or in part, to the asset, liability, right, benefit or obligation, as the case may be;
then, unless the Minister otherwise determines in writing in relation to the proceedings, the successor is, by force of this subsection, substituted for the original person as a party to the proceedings to the extent to which the proceedings relate to the asset, liability, right, benefit or obligation, as the case requires.
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