HIH Casualty & General Insurance Limited (in liquidation) v R J Wallace sued on his own behalf and on behalf of all other members of Syndicate No 683 at Lloyd's of London for the 1993 underwriting account & Ors [2006] NSWSC 1158

New South Wales Supreme Court

CITATION : HIH Casualty & General Insurance Limited (in liquidation) v R J Wallace sued on his own behalf and on behalf of all other members of Syndicate No 683 at Lloyd's of London for the 1993 underwriting account & Ors [2006] NSWSC 1158

HEARING DATE(S) : 3/11/06 JURISDICTION : Equity Division Commercial List

JUDGMENT OF : Einstein J

EX TEMPORE JUDGMENT DATE : 11/03/2006

DECISION : Defence to be filed.

CATCHWORDS : Practice and Procedure - Defendant seeks stay in order to invoke arbitral provision - Case management - Order that defendant file defence pending possible appeal from order refusing a stay

PARTIES : HIH Casualty & General Insurance Limited (in liquidation) (Plaintiff) R J Wallace sued on his own behalf and on behalf of all other members of Syndicate No 683 at Lloyd's of London for the 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000 underwriting account (First - Eighth Defendants)

FILE NUMBER(S) : SC 50073/06

COUNSEL : Mr F Gleeson SC, Dr A Bell SC, Mr S Nixon (Plaintiff/Respondent) Mr J Sackar QC, Ms K Barrett, Mr MA Izzo (Defendants/Applicants)

SOLICITORS : Blake Dawson Waldron (Plaintiff/Respondent) Ebsworth & Ebsworth (Defendants/Applicants)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION COMMERCIAL LIST

Einstein J

Friday 3 November 2006 ex tempore Revised 6 November 2006

50073/06 HIH Casualty & General Insurance Limited (in liquidation) v R J Wallace sued on his own behalf and on behalf of all other members of Syndicate No 683 at Lloyd's of London for the 1993 underwriting account & Ors

JUDGMENT

1 In proceedings No. 50073/06 the issues which remain are these: