Victorian Consolidated Legislation

Motor Car Traders Act 1986 - SECT 50B

Right to sue providers of motor cars to unlicensed traders

50B. Right to sue providers of motor cars to unlicensed traders



(1) This section applies if-

   (a)  a person provides an unlicensed person trading in motor cars with
        motor cars; and

   (b)  before providing those cars, the person was given a notice under
        section 50A(4); and

   (c)  another person suffers loss arising out of any act or omission by the
        unlicensed person in relation to those cars.

(2) If the other person-

   (a)  is refused payment of a claim made under section 76 in respect of the
        loss; and

   (b)  is not a motor car trader-

she, he or it has a right of action against the person who provided the
unlicensed person with the cars for damages in respect of the loss in so far
as it involved those cars.

(3) If the other person is paid any money out of the Fund in respect of the
loss, the person who provided the unlicensed person with the cars is jointly
and severally liable with the unlicensed person to reimburse the amount of
that payment to the Fund.

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