New South Wales Consolidated Acts

MINORS (PROPERTY AND CONTRACTS) ACT 1970 - SECT 35

35 Restriction on effect of repudiation

(1) Where a civil act is presumptively binding on a minor participant in the civil act in favour of another party to the civil act or in favour of any other person, a repudiation of the civil act under any of sections 31, 32 and 34 by or on behalf of the minor participant, or, if the minor participant has died, by his or her personal representative, does not have effect as against that other party or person.

(2) Where a person becomes a member of an association while the person is a minor and after the person becomes a member any civil act in which the person has participated for the purpose of becoming a member of the association, or as a member of the association, or otherwise in relation to the association, is repudiated under any of sections 31, 32 and 34 by the person or on the person’s behalf, or, if the person has died, by the person’s personal representative, the repudiation does not affect such right as any other member of the association or a creditor of the association may have for the application of the interest of the firstmentioned person, or if the person has died the interest of the person’s estate, in the property of the association in or towards satisfaction of any liability of the association which accrues before the repudiation or which accrues by reason of anything done or omitted before the repudiation.

(3) For the purposes of subsection (2), "association" includes a partnership but does not include a corporation.