NSW Caselaw
New South Wales Supreme Court
CITATION : Anglican Insurance Ltd [2008] NSWSC 41
HEARING DATE(S) : 17/09/07 Written submissions: 12/11/07
JUDGMENT DATE : 6 February 2008
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Liquidator's application for determination of question under Corporations Act s 511 refused
CATCHWORDS : CORPORATIONS - winding up - members voluntary winding up - application by liquidator for determination of question arising in the winding up - where insurance company entered into arrangements with another insurer for transfer of engagements - arrangements resting in contract only - liquidator seeks direction premised on effectiveness of arrangements to substitute second company as obligee under first company's insurance contracts - second company not a party and not before the court - direction refused.
Companies Act 1899 LEGISLATION CITED : Corporations Act 2001 (Cth), Division 6 Part 10.1, ss 511, 479(3) Insurance Act 1973 (Cth), s 36 Insurance Amendment Act 1983 (Cth),
CATEGORY : Principal judgment
Allianz Australia Insurance Ltd v General Cologne Re Australia Ltd (2003) 12 ANZ Insurance Cases 61-564 CSR Ltd v The New Zealand Insurance Co Ltd (1993) 7 ANZ Insurance Cases 61-193 CASES CITED : Otis Elevator Co Pty Ltd v Guide Rails Pty Ltd (2004) 49 ASCR 531 Re G B Nathan & Co Pty Ltd (1991) 24 NSWLR 674 Re Security Provident Fund Ltd (1984) 9 ACLR 56 Re Southern Cross Airlines Holdings Ltd [2000] 1 Qd R 84
PARTIES : Hugh Jenner Wily as liquidator of Anglican Insurance Limited
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