AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

LAND TITLES ACT 1980 - SECT 159

Moneys paid out of assurance fund may be recovered

(1)  An amount paid out of the assurance fund on account of a person shall be deemed to be a debt due by that person to the Recorder and may be recovered accordingly.
(2)  Where an amount has been paid out of the assurance fund on account of a person who has real or personal estate in this State and who cannot be found in this State, a court of competent jurisdiction may, upon the application of the Recorder and upon the production of a certificate signed by the Treasurer certifying that the amount has been paid in satisfaction of a judgment against the Recorder as nominal defendant, allow the Recorder to enter judgment against that person for the amount so paid out of the assurance fund together with the costs of the application.
(3)  A judgment referred to in subsection (2) is final, and execution may issue immediately.
(4)  Notwithstanding anything contained in the Limitation Act 1974 , if a person referred to in subsection (2) has not left real or personal estate in this State sufficient to satisfy the amount for which execution may have been issued under this section, the Recorder may recover that amount, or the unrecovered balance of the amount, by action against that person whenever he may be found.


[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]