NSW Caselaw
New South Wales Supreme Court
CITATION : Re HIH Casualty and General Insurance Limited & Ors [2006] NSWSC 6
HEARING DATE(S) : 04/03/05, 10/03/05, 18/03/05, 29/03/05, 04/04/05, 26/08/05, 10/10/05, 17/11/05, 18/11/05
JUDGMENT DATE : 31 January 2006
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Plaintiffs to pay one half of the costs of Amaca Pty Ltd and Amaba Pty Ltd and one half of the costs of Hazelwood Power Partnership and La Trobe Power Partnership
CATCHWORDS : CORPORATIONS - creditors granted leave to be heard without becoming parties - applications by liquidators for convening of meetings of creditors to consider scheme of arrangement - difficult and novel questions - whether creditors should be awarded costs
Civil Procedure Act 2005, s.98 LEGISLATION CITED : Corporations Act 2001 (Cth), s.411(1) Supreme Court (Corporations) Rules 1999, rules 2.13(1), 2.13(2)
AssetInsure Pty Ltd v New Cap Reinsurance Corporation Ltd [2005] HCATrans 990 and 991 Knight v F P Special Assets Ltd (1992) 174 CLR 178 New Cap Reinsurance Corp Ltd v General Cologne Re Australia Ltd (No 2) [2005] NSWSC 276 Re European Banking Company; Ex parte Baylis (1866) LR 2 Eq 521 CASES CITED : Re HIH Casualty and General Insurance Co Ltd (2005) 190 FLR 398 Re HIH Casualty and General Insurance Company Ltd (2005) 54 ACSR 380 Re HIH Casualty and General Insurance Limited [2005] EWHC 2125 (Ch) Re HIH Casualty and General Insurance Limited [2005] NSWSC 1180 Re Pan Pharmaceuticals Ltd; Selim v McGrath (2004) 48 ACSR 681
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