NSW Caselaw
District Court New South Wales
Medium Neutral Citation: Condon v Bartley; Hayes v RACQ Insurance Limited; Smith v Allianz Australia Insurance Ltd; Ward v QBE Insurance (Australia) Ltd; Hackett v Allianz Australia Insurance Ltd [2022] NSWDC 282 Hearing dates: 23 June 2022 Date of orders: 22 July 2022 Decision date: 22 July 2022 Jurisdiction: Civil Before: Wilson SC DCJ Decision: Condon see [82] Hayes see [83] Smith see [84] Ward see [85] Hackett see [86] Catchwords: CIVIL – Constitutional Law - Personal Injury Commission (PIC) – Whether an insurer based in NSW and a NSW licensed CTP Insurer is "the State" for the purposes of s75 of the Constitution Act – whether such an insurer is a "resident" of a State of Australia for the purposes of s75 – Do decisions in either of those cases require the exercise of federal jurisdiction - Who are the parties to a dispute to be determined by the PIC? Legislation Cited: Commonwealth of Australia Constitution Act 1900 (Section 75(iv)) Motor Accidents Compensation Act 1999 (NSW) Motor Accident Injuries Act 2017 (NSW) Cases Cited: Crouch v Commissioner for Railways (Qld) (1985) 62 ALR 1 Ritchie v Nominal Defendant (District Court 5 November 2021) Stanton v Winning [2022] NSWDC 104 Sweedman v Transport Accident Commission [2006] HCA 8 Category: Principal judgment Parties: Ms Kayla Condon Bartley
Mr Brian Hayes RACQ Insurance Limited
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