Section 9.40 — Motor Accident Injuries Act 2017 (NSW)

(cf s 191 MACA)
To the extent that any amounts are paid out of the Nominal Defendant’s Fund in respect of a claim or judgment pursuant to section 9.39 the Nominal Defendant is, where an insolvent insurer (if it had provided indemnity to that extent under a third-party policy) would have been entitled to recover any sum under a contract or arrangement for re-insurance, entitled to the benefit of and may exercise the rights and powers of the insolvent insurer under that contract or arrangement so as to enable the Nominal Defendant to recover from the re-insurer and pay into the Nominal Defendant’s Fund the amount due under that contract or arrangement.

Related sections

• s 9.37 — Appointment of Nominal Defendant as agent and attorney of insured
• s 9.38 — Payments to insured or liquidator
• s 9.39 — Application of Nominal Defendant’s Fund
• s 9.41 — Payments of compensation when insolvent insurer dissolved
• s 9.42 — Borrowings for the purposes of the Nominal Defendant’s Fund
• s 9.43 — Inspection of documents by person authorised by Minister

Research how courts apply s 9.40

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