Steven Kay GIO General Ltd (ACN 002 861 583) ( formerly GIO Australia Holdings Limited ) [1994] FCA 1056

JUDGMENT No, LOSS, sal sch done

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NP 2770 of 1994

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GENERAL DIVISION

RE: STEVEN KAY Debtor

EX PARTE: GIO GENERAL LTD (ACN 002 861 583 formerly GIO AUSTRALIA HOLDINGS

LIMITED)

Creditor

CORAM: Burchett J. PLACE: Sydney DATE : 13 December 1994

REASONS FOR JUDGMENT

BURCHETT J. 3

This matter involves an extraordinarily confused story. The creditor's petition has been brought by a_ creditor described as follows, "GIO General Limited, ACN 002.861.583 (formerly GIO Australia Holdings Limited)". In fact, GIO australia Holdings Limited is a separate company, with a separate ACN number, and GIO General Limited was never GIO

Australia Holdings Limited.

The evidence shows that, pursuant to a statute of the New

South Wales Parliament, the Government Insurance Office

(Privatisation) Act 1991, and particularly ss. 20 and 21 of that Act, a ministerial order was made dated either 29th or 30th - the copy I have is not clear - of June 1992. At any

rate, whatever the date of the signing of the ministerial--

2. order by the Treasurer of the State of New South Wales pursuant to that Act, it was expressed to take effect on 30 June 1992. The ministerial order involved a somewhat complex process of transfer, but the parties accept that at the end of the process envisaged by it,-+and on 30 June 1992, certain assets and rights of the insurance business formerly carried on by the Government Insurance Office became vested in GIO

General Limited.

In a proceeding brought in the District Court against the debtor, which was commenced on 31 July 1990 in the name of the Government Insurance Office of New South Wales, at some stage an amended statement of liquidated claim was filed by which the name of the plaintiff seems to have been amended to GIO Australia Holdings Limited, ACN 054.573.401, after which was inserted in brackets the statement, "formerly The Government Insurance Office of New South Wales". The amended statement of liquidated claim does not appear to indicate its own date, but refers to the original date of the issue of the