PMI Indemnity Limited [2005] FCA 1473

FEDERAL COURT OF AUSTRALIA

PMI Indemnity Limited [2005] FCA 1473

THE APPLICATION OF PMI INDEMNITY LIMITED AND

PMI MORTGAGE INSURANCE LIMITED NSD 1379 OF 2005 LINDGREN J 13 SEPTEMBER 2005 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1379 OF 2005

THE APPLICATION OF PMI INDEMNITY LIMITED

(ABN 49 000 781 171) AND PMI MORTGAGE INSURANCE LIMITED (ABN 70 000 511 071)

APPLICANTS JUDGE: LINDGREN J

DATE OF ORDER: 30 SEPTEMBER 2005

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to s 17C(5) of the Insurance Act 1973 ('the Act'), the need for the applicant to comply with s 17C(2)(c) of the Act is dispensed with provided that the applicant complies with orders 2 and 3 below. 2. The applicant cause a copy of the approved summary of the scheme to be sent by pre-paid post to the principal place of business of: (a) all holders of policies with PMI Indemnity Ltd other than: (i) holders of policies listed in PMI Indemnity Ltd's 'Inactive Lender' files written on or before 31 December 1989; (ii) holders of policies listed in PMI Indemnity Ltd's 'Inactive Lender' files written on or after 1 January 1990 if: (a) there has been a change to the registered proprietor of the property the subject of the policy since the date of the policy; or (b) the identity of the policyholder was not discovered during the searches described in the affidavit of Linda Quatermass affirmed on 23 September 2005; and

(b) all authorised deposit-taking institutions listed in the 'List of Authorised Deposit-Taking Institutions' maintained by the Australian Prudential Regulation Authority that have not otherwise been notified pursuant to order 2(a) at least 15 business days prior to the date on which the scheme is to be confirmed by the Court. 3. Where the applicant has been unable to determine the address of the principal place of business of each person to whom an approved summary is to be sent in accordance with order 2 above, the applicant cause a copy of the approved summary of the scheme to be sent by pre-paid post to the last known address of that person indicated in the records of the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.