New South Wales Consolidated Acts

MOTOR DEALERS ACT 1974 - SECT 41A

41A Recovery of money from directors

(1) Where the payment of an amount out of the Fund has been made as a consequence of the act or omission of a person who is a body corporate, including the payment of any amount to an administrator appointed under Part 5A of the affairs and property of the body corporate, the Director-General may, without affecting the operation of section 41, recover, jointly or severally, from any person who was a director or persons who were directors of the body corporate at the time at which the act or omission occurred, the amount of that payment as a debt in any court of competent jurisdiction.

(2) In any proceedings for the recovery of an amount under subsection (1), judgment shall not be entered against a defendant who proves that the act or omission occurred without the defendant’s express or implied authority or consent.

(3) Proceedings may be brought for the recovery of an amount under subsection (1) whether or not the person against whom the proceedings are brought, or any other person, has been convicted of an offence in respect of the act or omission as a consequence of which the amount was paid.

(4) Where subsection (1) renders a person or persons liable to pay an amount as a consequence of the act or omission of a body corporate, the payment by the person or either or any of those persons of the whole or any part of the amount does not render the body corporate liable to the person concerned in respect of the amount so paid.