Reinsurance Australia Corporation Limited v Members of Lloyds Syndicate 1027 [2001] FCA 1426

FEDERAL COURT OF AUSTRALIA

Reinsurance Australia Corporation Limited v

Members of Lloyd's Syndicate 1027 [2001] FCA 1426 PROCEDURE – whether interlocutory order made ex parte staying foreign arbitration proceedings ought to be discharged – whether there is a serious question to be determined – balance of convenience IBM Australia Ltd v National Distribution Services Ltd (1991) 22 NSWLR 466 referred to Francis Travel Marketing Pty Ltd v Virgin Atlantic Airways Ltd (1996) 39 NSWLR 160 referred to Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc (No 5) (1998) 90 FCR 1 referred to Timic v Hammock [2001] FCA 74 referred to REINSURANCE AUSTRALIA CORPORATION LIMITED & ANOR v THE MEMBERS OF LLOYDS SYNDICATE 1027 & ORS N 1330 of 2001 STONE J 5 OCTOBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1330 OF 2001

BETWEEN: REINSURANCE AUSTRALIA CORPORATION LIMITED ACN 061 215 601

FIRST APPLICANT

MONEGASQUE DE REASSURANCES S.A.M.

SECOND APPLICANT

AND: THE MEMBERS OF LLOYDS SYNDICATE 1027 as listed in Schedule A

FIRST RESPONDENT

THE MEMBERS OF LLOYD'S SYNDICATE 1208 being COX DEDICATED CORPORATE MEMBER LTD

SECOND RESPONDENT

THE MEMBERS OF LLOYD'S SYNDICATE 1485 as listed in Schedule B

THIRD RESPONDENT

CARPENTER BOWRING (UK) LIMITED,

GUY CARPENTER & COMPANY LIMITED (between 1 January 1995 and 1 January 1998 known as Carpenter Bowring Limited),

J & H MARSH & McLENNAN LIMITED

FOURTH RESPONDENT

GUY CARPENTER & COMPANY PTY LTD (formerly Carpenter Bowring Australia Pty Ltd)

ACN 000 351 299

FIFTH RESPONDENT

COX INSURANCE HOLDINGS PLC