In the matter of HIH Insurance Ltd (in liq); In the matter of HIH Underwriting & Agency Services Ltd (in liq); In the matter of CIC Insurance Ltd (in liq and subject to a scheme of arrangement); In the matter of FAI General Insurance Company Ltd (in liq and subject to a scheme of arrangement); In the matter of HIH Casualty and General Insurance Ltd (in liq and subject to a scheme of arrangement); In the matter of HIH Underwriting & Insurance (Australia) Pty Ltd (in liq); In the matter of FAI Insurances Ltd (in liq); In the matter of HIH Insurance Ltd (in liq); In the matter of HIH Holdings Pty Ltd (in liq) [2021] NSWSC 1344

Supreme Court New South Wales

Medium Neutral Citation: In the matter of HIH Insurance Ltd (in liq); In the matter of HIH Underwriting & Agency Services Ltd (in liq); In the matter of CIC Insurance Ltd (in liq and subject to a scheme of arrangement); In the matter of FAI General Insurance Company Ltd (in liq and subject to a scheme of arrangement); In the matter of HIH Casualty and General Insurance Ltd (in liq and subject to a scheme of arrangement); In the matter of HIH Underwriting & Insurance (Australia) Pty Ltd (in liq); In the matter of FAI Insurances Ltd (in liq); In the matter of HIH Insurance Ltd (in liq); In the matter of HIH Holdings Pty Ltd (in liq) [2021] NSWSC 1344 Hearing dates: 19 October 2021 Date of orders: 19 October 2021 Decision date: 19 October 2021 Jurisdiction: Equity - Corporations List Before: Black J Decision: Orders made in accordance with the short minutes of order. Catchwords: CORPORATIONS — Winding up — Liquidators — Orders sought for the release of liquidators — Whether court should vary certain requirements under the Supreme Court (Corporations) Rules 1999 (NSW) in respect of notice to creditors and contributories — Alterations in timing requirements for such notice — Other modifications in respect of the notice sent to creditors and contributories — Where no current addresses for many creditors and contributories of the companies. Legislation Cited: - Corporations Act 2001 (Cth), s 480 Cases Cited: - Re Austral Family Homes Pty Ltd (in liq) (1992) 28 NSWLR 247; (1992) 8 ACSR 322; (1992) 10 ACLC 1125 - Re Australasian Barrister Chambers Pty Ltd (No 2) [2020] NSWSC 308 - Re One.Tel Ltd (in liq) [2014] NSWSC 1892 - Re RR Impex Pty Ltd (in liq) [2013] NSWSC 1667 Category: Procedural rulings Parties: Proceedings 2001/58663 Jason Preston and Katherine Sozou in their capacity as liquidators of HIH Insurance Ltd (in liq) (Applicants) Proceedings 2001/58768 Jason Preston and Katherine Sozou in their capacity as liquidators of HIH Underwriting and Agency Services Ltd (in liq) (Applicants) Proceedings 2001/58772 Jason Preston and Katherine Sozou in their capacity as liquidators of CIC Insurance Ltd (in liq) (subject to a scheme of arrangement) (Applicants) Proceedings 2001/58774 Jason Preston and Katherine Sozou in their capacity as liquidators of FAI General Insurance Company Limited (in liq) (subject to a scheme of arrangement) (Applicants) Proceedings 2001/58776 Jason Preston and Katherine Sozou in their capacity as liquidators of HIH Casualty and General Insurance Ltd (in liq) (subject to a scheme of arrangement) (Applicants) Proceedings 2001/58780 Jason Preston and Katherine Sozou in their capacity as liquidators of HIH Underwriting and Insurance (Australia) Pty Ltd (in liq) (Applicants) Proceedings 2001/58784 Jason Preston and Katherine Sozou in their capacity as liquidators of FAI Insurances Ltd (in liq) (Applicants) Proceedings 2002/63107 Jason Preston and Katherine Sozou in their capacity as liquidators of HIH Investment Holdings Ltd (in liq) (Applicants) Proceedings 2004/182176 Jason Preston and Katherine Sozou in their capacity as liquidators of HIH Holdings Pty Ltd (in liq) (Applicants) Representation: Counsel: All proceedings C McMeniman (Applicants)