CGU Insurance Limited v One.Tel Limited (In Liquidation) [2010] HCA 26

HIGH COURT OF AUSTRALIA

FRENCH CJ,

HEYDON, CRENNAN, KIEFEL AND BELL JJ

CGU INSURANCE LIMITED APPELLANT

AND

ONE.TEL LIMITED (IN LIQUIDATION) & ORS RESPONDENTS

CGU Insurance Limited v One.Tel Limited (In Liquidation)

[2010] HCA 26

4 August 2010

S78/2010

ORDER

1. Appeal allowed in relation to order 2 of the Court of Appeal of the Supreme Court of New South Wales made on 18 December 2009.

2. The answers to the questions reserved for separate determination be recorded as:

Question 1: Can the plaintiff named in the amended summons maintain these proceedings to seek recovery from the first defendant of the alleged property identified in paragraph v of Schedule A to the deed ('the Property')?

Answer: Yes.

Question 2: Upon the termination of the Deed, did any alleged interests or rights of Greaves in respect of the alleged Property cease to be held by the plaintiff as trustee or otherwise identifying the same?

Answer: No.

Question 3A: In what capacity does the plaintiff hold any alleged interests or rights of Greaves in respect of the alleged Property?

Answer: Not necessary to answer.

Question 3B: In what capacity would the plaintiff hold any proceeds of the realisation of any interests or rights of Greaves in respect of the alleged Property?

Answer: Not necessary to answer.

Question 4: Which of the parties (including Greaves), if any, hold any alleged interests or rights of Greaves in respect of the alleged Property, and in what capacity?

Answer: Not necessary to answer.

Question 5A: Upon termination of the Deed, was Greaves released and discharged from all liability at law and/or in equity in respect of the orders made on 6 September 2004?

Answer: No.

Question 5B: Upon termination of the Deed, did Greaves obtain the accrued benefit of a covenant not to enforce in respect of the compensation and costs order made on 6 September 2004 in the ASIC proceedings?