27Recovery of payments from Marlew

#### 27 Recovery of payments from Marlew 27 Recovery of payments from Marlew > > (1) Amaca is entitled to recover from Marlew as a debt the amount of any payment made by Amaca in satisfaction of any payable liability (within the meaning of the [James Hardie Former Subsidiaries (Winding up and Administration) Act 2005](/view/html/inforce/current/act-2005-105)) in respect of a Marlew asbestos claim or Marlew contribution claim. > > > (2) Amaca is entitled to prove as a creditor in respect of a debt arising under this section in any winding up of Marlew. > > > (3) Subsections (1) and (2) are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act in relation to Chapter 5 of the Corporations Act. > > > > Note— > > > > Chapter 5 of the Corporations Act makes provision for the external administration of companies and certain other bodies. > > > > Section 5G (11) of the Corporations Act provides that if a State law declares a provision of a State law to be a Corporations legislation displacement provision, any provision of the Corporations legislation with which the State provision would otherwise be inconsistent does not apply to the extent necessary to avoid the inconsistency. > > > > However, section 5G (3) of the Corporations Act provides that section 5G will only apply to a provision of a law of a State or Territory enacted after the commencement of that Act if a law of the State or Territory declares the provision to be a Corporations legislation displacement provision for the purposes of that section.