SGIC Insurance Limited v Insurance Australia Limited [2004] FCA 1638

FEDERAL COURT OF AUSTRALIA

SGIC Insurance Limited v Insurance Australia Limited [2004] FCA 1638 CORPORATIONS – scheme of arrangement – members scheme – reconstruction or amalgamation Corporations Act 2001 (Cth) s 411(4)(b), 1322(2), 1322(4) In re South African Supply & Cold Storage Co (1904) 2 Ch 268 considered Webb v Federal Commissioner of Taxation (1922) 30 CLR 450 referred to Citizens and Graziers Life Assurance Co Ltd v Commonwealth Life (Amalgamated) Assurances Ltd (1934) 51 CLR 422 referred to Re Buka Minerals NL (1983) 8 ACLR 507 referred to Re Honey Pool of Western Australia (1986) 6 ACLC 208 referred to Re AGL Sydney Ltd (1994) 13 ACSR 597 referred to Royal Victorian Institute for the Blind Ltd v RBS.RVIB.VAF Ltd (2004) 206 ALR 581 referred to Australia Hydocarbons NL v Green (1985) 10 ACLR 72 referred to Renard and Santamaria, Takeovers and Reconstruction in Australia (1990) Butterworths, Sydney

SGIC INSURANCE LIMITED AND ORS v INSURANCE AUSTRALIA LIMITED N1635 of 2004 JACOBSON J 14 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1635of 2004

BETWEEN: sgic INSURANCE LIMITED

FIRST PLAINTIFF

SGIC GENERAL INSURANCE LIMITED

SECOND PLAINTIFF

SGIC BRAND PTY LTD

THIRD PLAINTIFF

SGIC HOLDINGS LTD

FOURTH PLAINTIFF

SGIO INSURANCE LIMITED

FIFTH PLAINTIFF

NRMA (WESTERN AUSTRALIA) PTY LTD

SIXTH PLAINTIFF

AND: INSURANCE AUSTRALIA LIMITED

DEFENDANT

JUDGE: JACOBSON J

DATE OF ORDER: 3 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Orders be made in accordance with the short minutes of order attached at Annexure A. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.