New South Wales Consolidated Acts
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PROPERTY AND STOCK AGENTS ACT 2002 - SECT 177
Subrogation
177 Subrogation
(1) On payment out of the Compensation Fund in settlement in whole or in part
of a claim under this Act, the Crown is subrogated, to the extent of the
payment, to all the rights and remedies of the claimant against the licensee,
or the former licensee, in relation to whom the claim arose, or any other
person.
(2) A certificate given by the Secretary certifying that a specified
amount has been paid out of the Compensation Fund in settlement in whole or in
part of a claim under this Act is evidence of the matter certified.
(3) In
the enforcement of any rights or remedies to which the Secretary is subrogated
under this section for the purpose of recovering an amount paid out of the
Compensation Fund, the amount is taken to be a debt due to the Crown and may
be recovered accordingly.
(4) The Secretary may exercise the rights and
remedies to which the Secretary is subrogated under this section in the name
of the Secretary or in the name of the claimant concerned.
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