42Performed part of contract not frustrated

42 Performed part of contract not frustrated If it appears to the court that part of a contract to which this Part applies— (a) is wholly performed before the time of discharge; or (b) is wholly performed before the time of discharge except for payment in respect of that part of the contract of amounts that are or can be ascertained under the contract— the court must treat that part of the contract as if it were a separate contract that had not been frustrated or avoided and Division 2 will only apply to the remainder of that contract.