New South Wales Consolidated Acts

BISHOPSGATE INSURANCE AUSTRALIA LIMITED ACT 1983 - SECT 19

19 State Compensation Board may take certain legal proceedings

(1) Where:

(a) the liquidator of the Company applies to any court for directions in relation to any particular matter arising under the winding up,

(b) the exercise or performance by the liquidator of the Company of any of the liquidator’s powers, authorities, duties or functions, whether under this Act or not, is challenged, reviewed or called into question in proceedings before any court, or

(c) any other matter that concerns or may affect the operation of this Act is raised in proceedings before any court,

the State Compensation Board may intervene at any stage of the proceedings before that court, by counsel, solicitor or agent, and shall thereupon become a party to, and shall have all the rights of a party to, those proceedings before that court, including the right to appeal against any order, judgment or direction of the court.

(2) In any case in which the Attorney General might take proceedings on the relation or on behalf or for the benefit of a person to whom the Company is liable in respect of a claim, judgment or award arising from or pertaining to any policy of insurance issued by the Company, being proceedings for or with respect to enforcing or securing the observance of any provision made by or under this Act, any other Act or any rule of law, the State Compensation Board shall be deemed to represent sufficiently the interests of the public and may take the proceedings in its own name.

(3) The State Compensation Board is entitled to be paid, out of the fund, all the costs and expenses incurred by the Board in exercising the powers conferred by this section.