NSW Caselaw
New South Wales Supreme Court
CITATION : HIH Insurance Ltd [2007] NSWSC 498 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 27/04/07
JUDGMENT DATE : 27 April 2007
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
EX TEMPORE JUDGMENT DATE : 27 April 2007
DECISION : Order that hearing be conducted in the absence of the public.
CATCHWORDS : PROCEDURE - hearing in open court - where applications relate to conduct of litigation by liquidators for benefit of large body of creditors - where hearing in open court might prejudice beneficial conduct of that litigation - public interest in open justice outweighed by public interest in due progress of insolvent administration and due conduct of liquidators' litigation
LEGISLATION CITED : Civil Procedure Act 2005, s.71 Supreme Court Act 1970, s.80
CASES CITED : McGrath Re HIH Insurance Ltd [2005] NSWSC 731
FAI TRADERS INSURANCE CO PTY LTD. ANTHONY GREGORY MCGRATH - IN THEIR CAPACITY AS PROVISIONAL LIQUIDATORS OF HIH INSURANCE LTD (IN PROVISIONAL LIQUIDATION) & ANOR WORLD MARINE & GENERAL INSURANCES PTY LTD HIH UNDERWRITING & INSURANCE (AUSTRALIA) PTY LTD LANLEX NO. 65 PTY LTD FAI LEASING FINANCE PTY LTD FAI INSURANCES LTD CIC INSURANCE LTD FAI INVESTMENTS PTY LTD FAI GENERAL INSURANCE COMPANY LTD FAI OVERSEAS INVESTMENTS PTY LTD ALEXANDER ROBERT MACKAY MACINTOSH - IN THEIR CAPACITY AS PROVISIONAL LIQUIDATORS OF HIH CASUALTY & GENERAL INSURANCE LTD (PROV LIQUIDATOR APPOINTED) & ANOR HIH OVERSEAS HOLDINGS LTD FAI FINANCIAL SERVICES LTD FAI OVERSEAS HOLDINGS PTY LTD FAI REINSURANCES PTY LTD HIH UNDERWRITING & AGENCY SERVICES LTD CIC INSURANCE LTD (PROVISIONAL LIQUIDATOR APPOINTED) v HANNAN & CO PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v NOTESTIR PTY LTD FAI INSURANCES LTD (IN LIQ) v FIRST MENTOR GROUP PTY LTD HIH UNDERWRITING & AGENCY SERVICES LTD (IN LIQ) v WORLDWIDE WEATHER UNDERWRITING AGENCIES (AUS) PTY LTD HIH INSURANCE LTD (IN LIQ) v HIH INVESTMENT HOLDINGS LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v HIH COMPANY LTD HIH UNDERWRITING & AGENCY SERVICES LTD (IN LIQ) v ACN 006 495 987 PTY LTD (FORMERLY "INDUSTRIAL REHABILITATION SERVICES PTY LTD") CIC INSURANCE LTD (IN LIQ) v CIC GENERAL INSURANCE HOLDINGS LTD FAI INSURANCES LTD (IN LIQ) v FAI HOME SECURITY HOLDING PTY LTD HIH UNDERWRITING & AGENCY SERVICES LTD (IN LIQ) v ACN 005 312 345 PTY LTD (FORMERLY READY PLAN ASIA PACIFIC PTY LTD) HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v FAI FILM DISTRIBUTION PTY LTD FAI GENERAL INSURANCE COMPANY LTD (LIQUIDATION) v FAI WORKERS' COMPENSATION (VIC) PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v HIH (REAL ESTATE) PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v INTEGRATED COMMERCIAL FINANCE PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v INNES OWENS PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v RISKCORP AUSTRALIA PTY LTD HIH TRAVEL (AUSTRALIA) PTY LTD v ACN 006 584 103 LTD (FORMERLY READY PLAN GROUP LTD) HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) ACN 008 482 291 v MARINE AND AVIATION MANAGEMENT SERVICES LTD ACN 006 385 584 HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) ACN 008 482 291 v CIC WORKERS' COMPENSATION (NSW) LTD ACN 005 312 345 PTY LTD (IN LIQ) v CIC INVESTMENTS LTD ACN 004 766 081 FAI INSURANCES LTD (IN LIQ) ACN 004 304 545 v PEMBROKE SECURITIES LTD ACN 002 799 546 HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) ACN 008 482 291 v LAKE CRACKENBACK RESORT PTY LTD ACN 003 379 708 PARTIES : HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) ACN 008 482 291 v 422 COLLINS STREET PTY LTD ACN 005 807 036 HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) ACN 008 482 291 v FAI FINANCE CORPORATION PTY LTD ACN 053 262 561 FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v UNITED BODY WORKS (QLD) PTY LTD FAI GENERAL INSURANCE COMPANY (IN LIQ) v FAI PROPERTY SERVICES PTY LTD HIH UNDERWRITING AND AGENCY SERVICES PTY LTD (IN LIQ) v HIH UNDERWRITING HOLDINGS PTY LTD HIH UNDERWRITING HOLDINGS PTY LTD v HIH MANAGEMENT PTY LTD HIH UNDERWRITING AND INSURANCE (AUST) PTY LTD (IN LIQ) v HIH SERVICES PTY LTD HIH UNDERWRITING AND AGENCY SERVICES LTD (IN LIQ) v M W PAYNE (ASSESSORS) PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v HIH LEGAL SERVICES PTY LTD HIH UNDERWRITING AND AGENCY SERVICES LTD (IN LIQ) v HIH TRAVEL (AUSTRALIA) PTY LTD HIH UNDERWRITING AND AGENCY SERVICES LTD (IN LIQ) v BERZOT PTY LTD HIH INSURANCE LTD (IN LIQ) v HIH HOLDINGS PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v HIH (NSW) PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v HIH (VIC) PTY LTD HIH CASUALTY & GENERAL INSURANCE LTD (IN LIQ) v UTILITIES INSURANCE UNDERWRITING AGENCIES PTY LTD HIH OVERSEAS HOLDINGS PTY LTD (IN LIQ) v HIH NEW ZEALAND PTY LTD CIC INSURANCE LTD (IN LIQ) v INDUSTRIAL MUTUAL COMPENSATION PTY LTD CIC INSURANCE LTD (IN LIQ) v REHABILITATION AND PREVENTIVE SERVICES PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v FAI CAR OWNERS MUTUAL INSURANCE COMPANY PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v FAI PACIFIC PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v FAI WORKERS COMPENSATION (SA) PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v MOWETE PTY LTD FAI PROPERTIES PTY LTD v MARINERS ON THE WATER PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v FAI PROPERTIES (QLD) PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v GLENEAGLES PROPERTIES PTY LTD GLENEAGLES PROPERTIES PTY LTD v FAI SUNSHINE COAST PTY LTD FAI GENERAL INSURANCE COMPANY LTD (IN LIQ) v TANGLEBERRY PTY LTD FAI INSURANCE LTD (IN LIQ) v BINGATION PTY LTD FAI INSURANCE LTD (IN LIQ) v FAI FILMS PTY LTD FAI LEASING FINANCE PTY LTD (IN LIQ) v SAILPORT PTY LTD FAI FILMS PTY LTD v FAI FILM PRODUCTIONS PTY LTD FAI INVESTMENTS PTY LTD (IN LIQ) v LANLEX NO.45 PTY LTD LANLEX NO. 45 PTY LTD v RHONDDA COLLIERIES (QLD) PTY LTD LANLEX NO. 45 PTY LTD v FAI PORTFOLIO MANAGEMENT PTY LTD FAI PORTFOLIO MANAGEMENT PTY LTD v FAI INVESTMENT SERVICES PTY LTD FAI INSURANCE LTD (IN LIQ) v RADBATH HOLDINGS PTY LTD HIH CASUALTY AND GENERAL INSURANCE LTD (IN LIQ) v TALFLAT INVESTMENTS PTY LTD RADBATH HOLDINGS PTY LTD v VANHALL PTY LTD FAI INSURANCE LTD (IN LIQ) v FAI INVESTMENTS PTY LTD HIH UNDERWRITING HOLDINGS PTY LTD v FAI (CTP) PTY LTD HIH INSURANCE HOLDINGS (NZ) LTD v HIH (AUSTRALIA) PTY LTD
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