Government Owned Corporations (Generator Restructure—CleanCo) Regulation 2019
sec.20Current proceedings
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sec.20 Current proceedings
If a proceeding by or against CS Energy, 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 CS Energy; and CS Energy is liable for any liability of CS Energy 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.20-ssec.1) If a proceeding by or against CS Energy, 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 CS Energy; and CS Energy is liable for any liability of CS Energy 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.20-ssec.2) This section applies despite anything else in this part.
- (a) the proceeding must be continued and concluded by or against CS Energy; and
- (b) CS Energy is liable for any liability of CS Energy 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