Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 1184

Liability where identity of principal unknown

(1) This section applies for the purposes of a proceeding in a court where:

(a)
in this jurisdiction or elsewhere, a person (in this section called the representative ) engages in particular conduct while the person is a representative of 2 or more persons (in this section called the indemnifying principals ); and

(b)
it is proved for the purposes of the proceeding that the representative engaged in the conduct as a representative of some person (in this section called the unknown principal ) but it is not proved for those purposes who the unknown principal is.

(2) If only one of the indemnifying principals is a party to the proceeding, he, she or it is liable in respect of that conduct as if he, she or it were the unknown principal. (3) If 2 or more of the indemnifying principals are parties to the proceeding, each of those parties is liable in respect of that conduct as if he, she or it were the unknown principal.



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