Victorian Current Acts

TRANSPORT ACCIDENT ACT 1986 - SECT 87

    (1)     If judgment against the owner of or person in charge of a trailer to which a contract of insurance under this section relates has been entered in respect of the death of or bodily injury to any person caused by or arising out of the use of that trailer, the judgment creditor may recover against the Commission a sum equivalent to the amount (including costs) unpaid in respect of the judgment or the amount to which the liability of the Commission is limited under the contract of insurance, whichever is the smaller amount but—

        (a)     in the event of the judgment debtor being or becoming bankrupt and the Commission being required to pay to the trustee in bankruptcy the amount of the liability, the sum recoverable by the judgment creditor against the Commission is reduced by the amount so paid; and

        (b)     if execution of any such judgment is stayed pending appeal the judgment creditor may not recover against the Commission until the expiration of the period for which execution of the judgment is stayed.

    (2)     The payment by the Commission of the sum referred to in subsection (1), to the extent of the payment, is a discharge of—

        (a)     the liability of the judgment debtor to the judgment creditor; and

        (b)     the liability (if any) of the Commission to the judgment debtor.