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MOTOR DEALERS AND REPAIRERS ACT 2013 - SECT 173
Subrogation
173 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 person 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 Crown 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 Crown is
subrogated under this section in the name of the Crown or in the name of the
claimant concerned.
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