that provision, operate to frustrate or avoid the contract arise— the court must give effect to that provision and must only give effect to Division 2 to the extent that the court is satisfied that it is consistent with the provision of the contract. 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. 43 Nature of action All actions and proceedings to recover amounts under this Part are taken to be founded on simple contract. 44 Limitation period Subject to Part II of the Limitation of Actions Act 1958, a cause of action under this Part is taken to have first accrued at the time of discharge.
that provision, operate to frustrate or avoid the contract arise— the court must give effect to that provision and must only give effect to Division 2 to the extent that the court is satisfied that it is consistent with the provision of the contract. 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. 43 Nature of action All actions and proceedings to recover amounts under this Part are taken to be founded on simple contract. 44 Limitation period Subject to Part II of the Limitation of Actions Act 1958, a cause of action under this Part is taken to have first accrued at the time of discharge.
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