NSW Caselaw
New South Wales Supreme Court
CITATION : McGrath & Anor re HIH Insurance Ltd & Ors [2005] NSWSC 731
HEARING DATE(S) : 20/07/05
JUDGMENT DATE : 20 July 2005
Equity Division JURISDICTION : Corporations List
JUDGMENT OF : Barrett J
DECISION : Orders under s.80 of the Supreme Court Act 1970 that 41 applications under s.477(2B) of the Corporations Act 2001 (Cth) be heard in the absence of the public
CATCHWORDS : PRACTICE AND PROCEDURE - whether applications should be heard in the absence of the public - ex parte applications by liquidators for approval of making of agreements by them - agreements relevant to conduct of separate proceedings in which recoveries sought by liquidators from third parties - need upon such applications to disclose matters of a highly sensitive and confidential kind about the separate proceedings - public interest in due and orderly conduct of windings up for benefit of creditors - public interest in administration of justice in the separate proceedings - whether these outweigh public interest in open justice in relation to hearing of liquidators' applications for approval
Corporations Act 2001 (Cth), s.477(2B) LEGISLATION CITED : Supreme Court Act 1970, s.80
R v Chief Registrar of Friendly Societies; Ex parte New Cross Building Society [1984] Ch 227 Re Parker decd; Bagots's Executor and Trustee Co Ltd v King [1948] SASR 141 CASES CITED : Re Timberland Ltd; Commissioner for Corporate Affairs v Harvey [1980] VR 669 Scott v Scott [1913] AC 417 Southern Cross Pipelines Australia Pty Ltd v Michael [2002] WASC 171
Anthony Gregory McGrath and Christopher John Honey in their capacity as liqiuidators of HIH Insurance Ltd & Ors - Applicants PARTIES :
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