NSW Self Insurance Corporation v Underwriting Members of Lloyd's Syndicate 179 [2010] NSWCA 44

Appeal Outcome: Special leave refused with costs by the High Court, 3 September 2010, (S99/2010)

New South Wales Court of Appeal

CITATION: NSW Self Insurance Corporation v Underwriting Members of Lloyd's Syndicate 179 [2010] NSWCA 44

HEARING DATE(S): 8 March 2010

JUDGMENT DATE: 24 March 2010

JUDGMENT OF: Spigelman CJ at 1; Allsop P at 2; Hammerschlag J at 3

Agreed questions for determination answered as follows: Question: On the proper construction of the Ministerial Order made on 30 June 1992 (pursuant to s 24 of the Government Insurance Office (Privatisation) Act 1991 (NSW)) was the 1983 Reinsurance Contract transferred to the plaintiff? Answer: Yes. DECISION: Question: On the proper construction of the Ministerial Order made on 30 June 1992 (pursuant to s 24 of the Government Insurance Office (Privatisation) Act 1991 (NSW)) was the 1984/85 Reinsurance Contract transferred to the plaintiff? Answer: Yes. Question: On the proper construction of the Ministerial Order made on 30 June 1992 (pursuant to s 24 of the Government Insurance Office (Privatisation) Act 1991 (NSW)) was the 1985/86 Reinsurance Contract transferred to the plaintiff? Answer: Yes. The defendants to pay the plaintiff's costs of the proceedings in this Court.

CATCHWORDS: STATUTORY INTERPRETATION – subordinate legislative instruments – where a Ministerial Order made on 30 June 1992 pursuant to section 24 of Government Insurance Office (Privatisation) Act 1991 (NSW) ("the Order") provided that all contracts of insurance or reinsurance which were entered into for the benefit of the TAC Fund be transferred from GIO Australia Holdings Limited to the plaintiff – where the defendants were the reinsurers under contracts of reinsurance entered into before coming into force of the Transport Accidents Compensation Act 1987 (NSW) which established the TAC Fund – whether in the circumstances the contracts of reinsurance were entered into for the benefit of the TAC Fund and had been transferred to the plaintiffs