Secretary may take legal proceedings on behalf of Committee
72 Secretary may take legal proceedings on behalf of Committee
Legal proceedings may be taken by or against the Secretary acting on behalf of the Committee in the name of "Secretary to the Motor Car Traders Claims Committee".
A person who takes legal proceedings in the name of the Secretary to the Motor Car Traders Claims Committee is taken to be authorised to take those proceedings, in the absence of evidence to the contrary.
The Secretary, on behalf of the Committee, may apply to a court or the Tribunal to set aside an order of the court or the Tribunal (as the case requires) against a motor car trader if—
the Committee has information that is relevant to the matters that are the subject of the order, and that information has not been presented to the court or the Tribunal; and
the motor car trader is unable or unwilling to take any further legal action in respect of the order.
S. 73 amended by No. 52/1998 s. 168.
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