Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Reinsurance Australia Corporation Limited v HIH Casualty and General Insurance Ltd (in liquidation) [2003] FCA 256 Reinsurance Australia Corporation Limited (ACN 061 215 601) & Monegasque De Reassurances S.A.M. v HIH Casualty and General Insurance (In Liquidation) (ACN 47 008 482 291), AIG Europe (UK) Ltd and New Hampshire INSURANCE Company, Heath Group Limited (formerly CE Health plc), Heath Insurance Broking Ltd formerly CE Heath (Insurance Broking) Ltd and Heath North America and Special Risks Ltd, Ice Media Limited and Premier Media Limited & J P Morgan Chase Bank (formerly known as The Chase Manhattan Bank, formerly known as Chemical Securities Inc) N827 of 2002 JACOBSON J SYDNEY 26 MARCH 2003
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N827 of 2002
BETWEEN: Reinsurance Australia Corporation Limited ACN 061 215 601
FIRST APPLICANT
Monegasque De Reassurances S.A.M.
SECOND APPLICANT
AND: HIH Casualty and General Insurance (In Liquidation) ACN 47 008 482 291
FIRST RESPONDENT
AIG EUROPE (UK) LTD and NEW HAMPSHIRE INSURANCE COMPANY
SECOND RESPONDENTS
HEATH GROUP LIMITED (formerly CE HEATH plc), HEATH INSURANCE BROKING LTD formerly C.E. HEATH (INSURANCE BROKING) LTD and HEATH NORTH AMERICA AND SPECIAL RISKS LTD
THIRD RESPONDENTS
ICE MEDIA LIMITED and PREMIER MEDIA LIMITED
FOURTH RESPONDENTS
JP MORGAN CHASE BANK (formerly known as THE CHASE MANHATTAN BANK, formerly known as CHEMICAL SECURITIES INC)
FIFTH RESPONDENT
JUDGE: JACOBSON J
DATE: 26 MARCH 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The argument in relation to paragraphs 92 to 111 is stood over to a date to be fixed. 2. Leave to the applicants to replead paragraphs 62.2, 62D, 92.3, 93.3, 94.2, 99.3, 104.3, 108.3, 118.2, 118.3, 118.4 and 118.5 within 5 days of today. 3. The notice of motion of the third respondent filed on 19 March 2003 and notice of motion of fifth respondent filed on 21 March 2003 are otherwise dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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