Subrogation where claims allowed
80 Subrogation where claims allowed
S. 80(1) amended by No. 74/1996 s. 34(a).
Upon payment of any money for any claim made, the Secretary to the Committee is subrogated to the extent of the payment to all the rights and remedies of the claimant against the person in relation to whom the claim arose or any other person incurring any liability to the claimant in relation to the subject-matter of the claim or the legal representatives or other persons having authority to administer any estate concerned.
S. 80(2) inserted by No. 74/1996 s. 34(b).
If a right conferred by subsection (1) applies in respect of a body corporate, it is enforceable jointly and severally against the body corporate and the people who were its directors at the time the act or omission that gave rise to the claim occurred.
S. 80(3) inserted by No. 74/1996 s. 34(b).
Subsection (2) does not apply to a director if it is proved that the act or omission occurred without the knowledge or consent of the director.
S. 80(4) inserted by No. 74/1996 s. 34(b).
A reference in subsection (1) to the rights of the claimant includes any right the claimant may have under section 86 of the Sentencing Act 1991.
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