Reinsurance Australia Corporation Limited v HIH Casualty and General Insurance Ltd (in liquidation) [2003] FCA 526

FEDERAL COURT OF AUSTRALIA

Reinsurance Australia Corporation Limited v HIH Casualty and General Insurance Ltd (in liquidation) [2003] FCA 526 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) N 827 of 2002 JACOBSON J 30 MAY 2003 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 827 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 OF ORDER: 30 MAY 2003

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. That the second, third and fifth respondents pay 75% of the applicants' costs of the preparation and hearing of the motions filed on 23 September 2002, 21 November 2002 and 10 September 2002 respectively. 1. The costs payable under the order are to exclude any costs incurred in the preparation of the statements of Mr KL Walwin and Ms CJ Hamilton exhibited to the affidavit of Mr TR Price sworn 6 November 2002. 3. The costs of preparation of those statements are to be costs in the cause. 1. The first respondent's costs of the motion filed on 29 November 2002 are to be the first respondent's costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.