South Australian Repealed Acts South Australian Repealed ActsThis legislation has been repealed.
25—Trustees subrogated to rights of claimant
(1) On payment to a
claimant out of the compensation fund, the trustees are, to the extent of the
payment, subrogated to the rights of the claimant arising from the
circumstances to which the claim relates.
(2) If rights to which
the trustees are subrogated lie against a licensed travel agent (or former
licensed travel agent) that is a body corporate, the trustees may determine
that those rights may be enforced against the directors or one or more of the
directors of the body corporate.
(3) It is a defence in
proceedings to enforce a right against a director of a body corporate under subsection (2)
, if the director proves that the director could not, by exercise of
reasonable care, have prevented the occurrence of the circumstances out of
which the claim arose.