Victorian Consolidated Legislation

Epworth Foundation Act 1980 - SECT 20

PART 3 PROPERTY OF FORMER HOSPITAL

Land, property, obligations etc. vested in the Hospital

20. Land, property, obligations etc. vested in the Hospital



(1) On the commencement of this Act-

   (a)  all the piece of land described in Certificate of Title Volume 9349
        Folio 634 shall by the authority of this Act and without need for any
        instrument of transfer or conveyance be vested in the Hospital for an
        estate in fee simple subject to the encumbrances (if any) specified on
        the Certificate of Title for the land or otherwise affecting it;

   (b)  all other real or personal property of whatsoever nature and
        wheresoever situate which is vested in the hospital at Erin Street,
        Richmond known as Epworth Hospital (in this section referred to as the
        Former Hospital) or held in trust for the Former Hospital or the
        Hospital Board thereof by the Property Trust or any other person shall
        by the authority of this Act and without need for any transfer or
        conveyance be vested in the Hospital;

   (c)  all liabilities and obligations of the Former Hospital or the Hospital
        Board thereof shall become and be liabilities and obligations of the
        Hospital;

   (d)  all liabilities and obligations undertaken on behalf of or in relation
        to the Former Hospital or the Hospital Board thereof by the Property
        Trust or any other person shall become and be liabilities and
        obligations of the Hospital;

   (e)  any guarantee executed by the Treasurer of Victoria under the Epworth
        Hospital (Guarantee) Act 1977 guaranteeing the repayment by the
        Property Trust of any loan made to it shall be deemed to guarantee the
        repayment by the Hospital of that loan and may be enforced as if it
        had been executed under section 6 and, without restricting the
        generality of the foregoing or paragraph (c) or (d), the liabilities
        and obligations of the Property Trust or the Former Hospital or the
        Hospital Board thereof in relation to any loan guaranteed under that
        Act shall become and be liabilities and obligations of the Hospital;



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   (g)  the Hospital Board of the Former Hospital and the Property Trust shall
        severally be discharged from all liabilities and obligations
        transferred to the Hospital by this section;

   (h)  all contracts, agreements, deeds, bonds and other instruments lawfully
        entered into or made by the Former Hospital or the Hospital Board
        thereof or by the Property Trust for or in connection with the Former
        Hospital and subsisting immediately before the commencement of this
        Act shall be as binding and of as full force and effect in all
        respects against or in favour of the Hospital, and may be enforced as
        fully and effectually, as if they had been entered into or made by the
        Hospital;





        (i)    any action, arbitration or proceeding and any cause of action
               which was immediately before the commencement of this Act
               pending or subsisting by or in favour of or against the Former
               Hospital or the Hospital Board thereof or the Property Trust in
               respect of the operation or property of the Former Hospital
               shall not be abated or discontinued or prejudicially affected
               by reason of the provisions of this Act but may be prosecuted,
               continued or enforced by, against or in favour of the Hospital
               in the same manner in which it might have been prosecuted,
               continued or enforced by or against or in favour of the Former
               Hospital or the Hospital Board thereof or the Property Trust if
               this Act had not been enacted; and

   (j)  all acts, matters and things of a continuing nature made, done or
        commenced by or on behalf of the Former Hospital or the Hospital Board
        thereof or the Property Trust in relation to the Former Hospital or
        the property vested by this section in the Hospital which have any
        force or effect or are capable of acquiring any force or effect shall
        be deemed to have been made, done or commenced by or in relation to or
        on behalf of the Hospital and shall have or acquire force or effect
        and may be continued or completed by or in relation to or on behalf of
        the Hospital accordingly.

(2) A donation, gift, disposition, bequest or trust of property made or
declared before or after the commencement of this Act, whether by deed, will
or otherwise, to or for the purposes of the Epworth Hospital, shall not fail
by reason of any of the provisions of this Act but shall take effect as if-

   (a)  any reference therein (however expressed) to the Epworth Hospital or
        to the hospital conducted at Erin Street, Richmond by the Uniting
        Church or by the Methodist Church or to the hospital conducted by the
        Hospital Board at Erin Street, Richmond were a reference to the
        hospital conducted by the Hospital; and

   (b)  any reference therein (however expressed) to the Hospital Board were a
        reference to the Board of Management constituted pursuant to section
        9.

(3) In this section, the Hospital means the body corporate established under
section 3.

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