New South Wales Consolidated Acts

ALBURY-WODONGA DEVELOPMENT REPEAL ACT 2000 - SECT 8

8 Transfer of contractual rights and obligations of Corporation

(1) On the transfer day, the Corporation’s rights and obligations under any contract to which it is a party, and the transfer of which has the consent of the Commonwealth Minister under section 20E (3) of the Commonwealth Act, are transferred to the Development Corporation.

(2) On the transfer day, the Corporation’s rights and obligations to which subsection (1) applies:

(a) cease to be rights and obligations of the Corporation, and

(b) become rights and obligations of the Development Corporation.

(3) In relation to the transfer of rights and obligations under a contract:

(a) the contract continues to have effect, after the Corporation’s rights and obligations under the contract become rights and obligations of the Development Corporation, as if a reference in the contract to the Corporation were a reference to the Development Corporation, and

(b) an instrument relating to the contract continues to have effect, after the Corporation’s rights and obligations under the contract become rights and obligations of the Development Corporation, as if a reference in the instrument to the Corporation were a reference to the Development Corporation, and

(c) the Development Corporation becomes the Corporation’s successor in law, in relation to the Corporation’s rights and obligations under the contract, immediately after the Corporation’s rights and obligations under the contract become rights and obligations of the Development Corporation, and

(d) if any proceedings to which the Corporation was a party:

(i) were pending in any court or tribunal immediately before the transfer, and

(ii) related, in whole or in part, to those rights or obligations,

the Development Corporation is substituted for the Corporation as a party to the proceedings to the extent to which the proceedings relate to those rights or obligations.