New South Wales Consolidated Acts

BUSINESS NAMES ACT 2002 - SECT 23

23 Effect of certain contraventions on legal proceedings

(1) This section applies to a business name under which business is being carried on by a person in contravention of this Act, being:

(a) an unregistered business name, or

(b) a business name that is not registered in that person’s name, or

(c) a registered business name in respect of which that person has failed to comply with a requirement of this Act with respect to the notification of any matter.

(2) Legal proceedings commenced by a person carrying on business under a business name in respect of which there is a contravention referred to in subsection (1) are not invalid merely because of the contravention, but the court before which the proceedings are taken:

(a) may adjourn the proceedings until the contravention is remedied, or

(b) may continue to hear and determine the proceedings on an undertaking by the person to remedy the contravention within such time as the court may direct.

(3) Legal proceedings taken against a person carrying on business under a business name in respect of which there is a contravention referred to in subsection (1) are not invalid merely because of the contravention, and:

(a) that business name is taken to be sufficient designation of that person in any process or other legal document or instrument, and

(b) any judgment or order given in the proceedings may be enforced against that person.

(4) This section does not limit the operation of the rules of a court on legal proceedings.