Postal and Telecommunications Services (Amendment) Act, 1984

Rights and liabilities of Minister for Finance.

4.—(1) Where judgment is given against either company in any proceedings in pursuance of a claim to which section 2 (1) relates or in proceedings continued under section 3 and the person in whose favour the judgment is given has been unable to enforce the judgment, in whole or in part, against the company, he shall be entitled to enter judgment against the Minister for Finance in any court of competent jurisdiction for any amount not recovered on foot of the judgment as a debt due to him by the said Minister.

(2) The Minister for Finance shall be entitled to recover from the appropriate company—

(a) any payment made by him to a person in satisfaction of a judgment entered against him under subsection (1) or a judgment given before the passing of this Act in favour of a person in any proceedings taken on foot of a claim to which section 2 (1) relates or in any proceedings to which section 3 relates, and

(b) the costs incurred by him, the Minister or the State before the passing of this Act—

(i) in relation to any claim to which section 2 (1) relates, and

(ii) in relation to any proceedings taken on foot of such a claim or to proceedings to which section 3 relates, other than so much of any such costs as may have been awarded to and recovered by him, the Minister or the State, as the case may be.

(3) The appropriate company shall be entitled to recover from the plaintiff in any proceedings to which subsection (2) relates any amount in respect of the costs which remains due by the plaintiff at the passing of this Act as if the award of costs had been made in favour of the company.