New South Wales Consolidated Acts

WALKER TRUSTS ACT 1938 - SECT 18A

18A Transfer of hospital and other assets etc of The Thomas Walker Convalescent Hospital

(1) On and from the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983 :

(a) all real and personal property and all right and interest therein and all management and control thereof that, immediately before that day, was vested in or belonged to The Thomas Walker Convalescent Hospital shall vest in and belong to the Foundation,

(b) all money and liquidated and unliquidated claims that, immediately before that day, was or were payable to or recoverable by The Thomas Walker Convalescent Hospital shall be money and liquidated and unliquidated claims payable to or recoverable by the Foundation,

(c) all proceedings commenced before that day by The Thomas Walker Convalescent Hospital and pending immediately before that day shall be deemed to be proceedings pending on that day by the Foundation and all proceedings so commenced by any person against The Thomas Walker Convalescent Hospital and pending immediately before that day shall be deemed to be proceedings pending on that day by that person against the Foundation,

(d) all contracts, agreements, arrangements and undertakings entered into with, and all securities lawfully given to or by, The Thomas Walker Convalescent Hospital and in force immediately before that day shall be deemed to be contracts, agreements, arrangements and undertakings entered into with and securities given to or by the Foundation,

(e) the Foundation may, in addition to pursuing any other remedies or exercising any other powers that may be available to it, pursue the same remedies for the recovery of money and claims referred to in this subsection and for the prosecution of proceedings so referred to as The Thomas Walker Convalescent Hospital might have done, but for its dissolution,

(f) the Foundation may enforce and realise any security or charge existing immediately before that day in favour of The Thomas Walker Convalescent Hospital and may exercise any powers thereby conferred on The Thomas Walker Convalescent Hospital as if the security or charge were a security or charge in favour of the Foundation,

(g) all debts, money and claims, liquidated and unliquidated, that, immediately before that day, were due or payable by, or recoverable against, The Thomas Walker Convalescent Hospital (including any amount payable to the Perpetual Trustee Company Limited by way of income commission as referred to in section 13 (5)) shall be debts due by, money payable by a claims recoverable against, the Foundation, and

(h) all liquidated and unliquidated claims for which The Thomas Walker Convalescent Hospital would, but for its dissolution, have been liable shall be liquidated and unliquidated claims for which the Foundation shall be liable.

(2) Any act, matter or thing done or omitted to be done before the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983 , by, to or in respect of The Thomas Walker Convalescent Hospital shall, to the extent that, but for the dissolution of The Thomas Walker Convalescent Hospital, that act, matter or thing would on or after that day have had any force or effect or been in operation, be deemed to have been done or omitted to be done by, to or in respect of the Foundation.

(3) No attornment to the Foundation by a lessee from The Thomas Walker Convalescent Hospital shall be required.

(4) On and from the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983 , in any other Act or in any regulation, by-law or other statutory instrument or in any document, whether of the same or of a different kind, a reference, or a reference required immediately before that day to be read and construed as a reference, to The Thomas Walker Convalescent Hospital shall be read and construed as a reference to the Foundation.

(5) Except as provided by subsection (1), all trusts, conditions, covenants, easements, charges and encumbrances to which the land forming part of the property referred to in subsection (1) was subject immediately before the day appointed and notified under section 2 (2) of the Walker Trusts (Amendment) Act 1983 , are hereby discharged and annulled but only in so far as they affect that land.