Section 9.39 — Motor Accident Injuries Act 2017 (NSW)

(cf s 190 MACA)
(1) Out of the Nominal Defendant’s Fund, the Nominal Defendant—
(a) is to pay the amount of any claim or judgment arising from or relating to any third-party policy issued by an insolvent insurer, being a claim or judgment that it proposes to satisfy as agent and attorney of a person, and any other amounts required by this Division to be paid from that Fund, and
(b) is entitled to be indemnified against all payments made by it and all costs and expenses that it may incur in or in connection with the exercise of its functions under this Division.
(2) Where a payment is made by the Nominal Defendant as agent and attorney of a person, being a payment authorised by this Division, the Nominal Defendant is not entitled to recover the amount of that payment from the person.

Related sections

• s 9.36 — Delivery of documents to Nominal Defendant
• s 9.37 — Appointment of Nominal Defendant as agent and attorney of insured
• s 9.38 — Payments to insured or liquidator
• s 9.40 — Recovery of amounts under contracts or arrangements for re-insurance
• s 9.41 — Payments of compensation when insolvent insurer dissolved
• s 9.42 — Borrowings for the purposes of the Nominal Defendant’s Fund

Research how courts apply s 9.39

BriefBridge searches NSW and High Court caselaw by meaning — every answer cited to the paragraph.