Liability of director etc. of body corporate that is owner of vehicle
137 Liability of director etc. of body corporate that is owner of vehicle
In this section —
director, in relation to a body corporate, includes any person occupying the position of director of the body corporate by whatever name and includes a person in accordance with whose directions or instructions the directors of the body corporate are accustomed to act.
If a person, by reason only of being director of a body corporate, has been required under a road law to discharge any obligation to pay a sum of money that the body corporate was obliged to pay, whether pursuant to a judgment or order of a court or not, that person —
is entitled to recover from the body corporate any amount so paid as a civil debt due to the person by the body corporate; and
if any amount so paid cannot be recovered from the body corporate, is entitled to recover contribution from any other director of the body corporate who would have been liable in respect of the amount so paid except that the amount which may be recovered by a director from any other director is not to exceed the proportion of the total amount that that person has paid as one bears to the total number of directors of the body corporate.
Nothing in this section affects the liability of a body corporate that is a responsible person for a vehicle to pay any amount to the CEO in accordance with any of the provisions of a road law.
This Act’s bill:Explanatory memorandumSecond reading speech
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