REAL PROPERTY ACT 1900 - SECT 133
Subrogation of rights to claim compensation
REAL PROPERTY ACT 1900 - SECT 133
Subrogation of rights to claim compensation
133 Subrogation of rights to claim compensation
(1) An insurer cannot be
subrogated to any other person in respect of that other person's right to
claim compensation from the Torrens Assurance Fund in relation to compensable
loss.
(2) If administrative proceedings or court proceedings are commenced in
relation to a claimant's compensable loss, the Registrar-General is subrogated
to the claimant in respect of the claimant's rights and remedies against any
person in relation to that loss.
(3) In the case of a deceased person, the
compensation may be recovered from the deceased person's estate by proceedings
taken against the deceased person's personal representative.
(4) The
Registrar-General may join any person in any court proceedings if of the
opinion that the claimant has a cause of action against that person in respect
of the compensable loss to which the proceedings relate.
(5) This section has
effect despite any provision of the Legal Profession Uniform Law (NSW) or any
other Act, law or agreement.
