NSW Caselaw
Reported Decision : 54 ACSR 380
New South Wales Supreme Court
CITATION : HIH Casualty & General Insurance Ltd & Ors [2005] NSWSC 536
HEARING DATE(S) : 04/03/05, 10/03/05, 18/03/05, 29/03/05 (judgment), 04/04/05, 03/06/05
JUDGMENT DATE : 3 June 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Adjournment granted
CATCHWORDS : CORPORATIONS - winding up - liquidators in office in Australia - provisional liquidators in office in England - application by Australian liquidators for convening of meeting to consider creditors' scheme of arrangement - Australian liquidators seek adjournment with a view to application by provisional liquidators to English court for determination of matter of English law considered relevant to arrangement
LEGISLATION CITED : Corporations Act 2001 (Cth), s.562A
CASES CITED : Re HIH Casualty and General Insurance Ltd [2005] NSWSC 240
HIH Casualty & General Insurance Limited, FAI General Insurance Company Limited, CIC Insurance Limited, World Marine & General Insurances Pty Limited, FAI Traders Insurance Company Pty Limited, FAI Reinsurances Pty Limited, FAI Insurances Limited, HIH Underwriting and Insurance (Australia) Pty Limited - First Plaintiffs Anthony Gregory McGrath and Alexander Robert Mackay Macintosh - Second Plaintiffs PARTIES : Australian Securities and Investments Commission - Leave granted to appear by counsel as amicus curiae Amaca Pty Limited, Amaba Pty Limited, Hazelwood Power, Latrobe Power Partnership, Transfield Construction Pty Ltd, Obayashi Corporation, Transfield Pty Ltd, Transfield Philippines Inc and Perisher Blue Pty Limited - Entities granted leave under rule 2.13 of the Supreme Court (Corporations) Rules 1999 to be heard without becoming parties
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