New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 72

72 Recovery of amount by responsible entity

(cf model provisions, s 109)

(1) This section applies where an order under section 71 has been made or is being sought against a responsible entity for payment of the monetary value of any loss incurred by a person.

(2) The responsible entity has a right to recover under this Act, from a person (the "information provider") who provided the responsible entity with all or any of the information that was false or misleading, so much (the "attributable amount") of the monetary value paid or payable by the responsible entity under the order as is attributable to that information.

(3) The responsible entity may enforce that right by:

(a) joining or seeking the joinder of the information provider in the proceedings for the order under section 71 and applying to the court for an order for payment of the attributable amount to be made when the order is made under that section, or

(b) bringing separate proceedings in a court of competent jurisdiction for an order for payment of the attributable amount.