45. Where—
(a) a non-existent incorporated association purports to enter into a contract;
(b) the association is subsequently incorporated; and
(c) the incorporated association and the other party or parties to the contract enter into a contract in substitution for the first-mentioned contract;
any liabilities to which the person who purported to execute the first- mentioned contract on behalf of the non-existent incorporated association is subject, by virtue of this Division, in relation to the first-mentioned contract (including liabilities under an order made by a court pursuant to this Division) shall be taken to have been discharged.