New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 41

41 Subrogation where claim allowed

(1) On payment out of the Fund of any amount certified by the Director-General, the Director-General shall, without the necessity for the execution of any form of conveyance or assignment, be subrogated to the extent of such 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 personal representatives or other persons having authority to administer any estate concerned, and the claimant shall not, to the extent of such payment be entitled to enforce those rights or remedies.

(2) In the enforcement of any rights or remedies to which the Director-General is subrogated under subsection (1) for the purpose of recovering an amount paid out of the Fund, the amount shall be deemed to be a debt due to the Crown and may be recovered accordingly.