Commonwealth Numbered Acts

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CORPORATIONS ACT 2001 No. 50, 2001 - SECT 818

Liability where identity of principal unknown

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

(a)
whether in or outside this jurisdiction, 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 2 or more is liable in respect of that conduct as if he, she or it were the unknown principal.



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