Insurance Commissioner v Associated Dominions Assurance Society Pty Ltd [1953] HCA 94

Yee 1 945 UR, Go ee A Gt 1968 9Sh5 "Ss

H.C. or A. 1953. See

SYDNEY,

Sept. 7-11,

14, 16;

MELBOURNE, Oct. 14;

SyDNEY, Dec. 10, 16.

Fullagar J.

ASSOCIATED DOMINIONS Sey

HIGH COURT (1953.

[HIGH COURT OF AUSTRALIA.]

INSURANCE COMMISSIONER ; : ; APPLICANT 3

AND

ASSOCIATED DOMINIONS ASSURANCE

SOCIETY PROPRIETARY LIMITED \ RESPONDENT.

SOCIETY PROPRIETARY LIMITED APPLICANT ;

AND

INSURANCE COMMISSIONER : : . . RESPONDENT.

Constitutional Law (Cth.)—Life assurance—Company—W inding-up—J udicial

management—Order—* Just and equitable '—Statute—V alidity—Conditions—

Power to make—Restrictions—Prohibition—Policy-holders —Representation— The Constitution (63 & 64 Vict. c. 12), s. 51 (aiv.), (wxxix.)—Life Insurance Act 1945-1950 (No. 28 of 1945—No. 80 of 1950), Pt. I1T., Div. 8, ss. 40 (3), 49, 55, 59—Acts Interpretation Act 1901-1950, (No. 2 of 1901—No. 80 of 1950), s. 154.

Although in certain particular respects the Life Insurance Act 1945-1950 may be invalid it is, regarded as a whole, a law with respect to "* insurance Hees

which is authorized by s. 51 (xiv.) of the Constitution.

The power to make laws with respect to insurance, together with the inci- dental power in s. 51 (xxxix.), includes power to prescribe conditions upon which any person, natural or artificial, may carry on an insurance business of any kind, and to provide for the winding up of a corporation carrying on

any such business.

Sf a Commonwealth law is in truth a law with respect to any of the matters enumerated in s. 51 of the Constitution it cannot be any objection to it that it restricts, or even prohibits, the exercise of powers which belong to a corpor-

ation by virtue of its constitution under the law of a State.

89 C.L.R.] OF AUSTRALIA.

=

é

The six specific grounds stated in s. 55 of the Life Insurance Act 1945-1950 H. C. or A.

1953. ee

INSURANCE