Government Owned Corporations (Generator Restructure—CleanCo) Regulation 2019
sec.10Current proceedings
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sec.10 Current proceedings
If a proceeding by or against Stanwell, relating to an asset, liability, instrument or employee transferred under this part, has not been concluded before the relevant transfer— the proceeding must be continued and concluded by or against Stanwell; and Stanwell is liable for any liability of Stanwell that arose before the transfer, or arises after the transfer, as a result of— the proceeding; or a judgment debt a liability incurred as a result of discontinuing the proceeding costs of the proceeding an act or omission that is the subject of the proceeding. This section applies despite anything else in this part. (sec.10-ssec.1) If a proceeding by or against Stanwell, relating to an asset, liability, instrument or employee transferred under this part, has not been concluded before the relevant transfer— the proceeding must be continued and concluded by or against Stanwell; and Stanwell is liable for any liability of Stanwell that arose before the transfer, or arises after the transfer, as a result of— the proceeding; or a judgment debt a liability incurred as a result of discontinuing the proceeding costs of the proceeding an act or omission that is the subject of the proceeding. (sec.10-ssec.2) This section applies despite anything else in this part.
- (a) the proceeding must be continued and concluded by or against Stanwell; and
- (b) Stanwell is liable for any liability of Stanwell that arose before the transfer, or arises after the transfer, as a result of— (i) the proceeding; or Examples of liabilities for subparagraph (i) — 1 a judgment debt 2 a liability incurred as a result of discontinuing the proceeding 3 costs of the proceeding (ii) an act or omission that is the subject of the proceeding.
- (i) the proceeding; or Examples of liabilities for subparagraph (i) — 1 a judgment debt 2 a liability incurred as a result of discontinuing the proceeding 3 costs of the proceeding
- 1 a judgment debt
- 2 a liability incurred as a result of discontinuing the proceeding
- 3 costs of the proceeding
- (ii) an act or omission that is the subject of the proceeding.
- (i) the proceeding; or Examples of liabilities for subparagraph (i) — 1 a judgment debt 2 a liability incurred as a result of discontinuing the proceeding 3 costs of the proceeding
- 1 a judgment debt
- 2 a liability incurred as a result of discontinuing the proceeding
- 3 costs of the proceeding
- (ii) an act or omission that is the subject of the proceeding.
- 1 a judgment debt
- 2 a liability incurred as a result of discontinuing the proceeding
- 3 costs of the proceeding