Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
HDI-Gerling Australia Insurance Company Pty Limited, in the matter of HDI-Gerling Australia Insurance Company Pty Limited (ABN 16 069 085 196) (No 2) [2010] FCA 669 Citation: HDI-Gerling Australia Insurance Company Pty Limited, in the matter of HDI-Gerling Australia Insurance Company Pty Limited (ABN 16 069 085 196) (No 2) [2010] FCA 669
Parties: HDI-GERLING AUSTRALIA INSURANCE COMPANY PTY LIMITED (ABN 16 069 085 196)
File number(s): NSD 355 of 2010
Judge: JACOBSON J
Date of judgment: 24 June 2010
Catchwords: INSURANCE – application for confirmation by court of transfer of insurance business and reinsurance business of Australian subsidiary of a foreign company to Australian branch of a related foreign company – all companies part of same corporate group – factors relevant to the exercise of the court's discretion for confirmation of the scheme – confirmation of scheme conditional on transfer of loss deposit account
Legislation: Insurance Act 1973 (Cth) Part III Division 3A Life Insurance Act 1995 (Cth)
Cases cited: HDI-Gerling Australia Insurance Company Pty Limited, in the matter of HDI-Gerling Australia Insurance Company Pty Limited (ABN 16 069 085 196) [2010] FCA 505 referred to In the matter of Reward Insurance Limited [2004] FCA 151 followed Re Armstrong Jones Life Assurance Limited (1997) 74 FCR 160 referred to Re Commonwealth Insurance Holdings Limited [2007] FCA 1012 Re Insurance Australia Limited (2004) 139 FCR 450 followed Re Mercantile & General Reinsurance Company of Australia Limited [2004] FCA 1773 followed Re MetLife Insurance Limited (2007) 63 ACSR 492 referred to Re Royal & Sun Alliance Life Assurance Limited (2000) 104 FCR 37 referred to Westport Insurance Corporation, in the matter of Westport Insurance Corporation (No 2) [2009] FCA 1598 followed
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