NSW Caselaw
New South Wales Court of Appeal
CITATION: General Reinsurance Australia Ltd v HIH Insurance Ltd (In Liquidation) [2008] NSWCA 12
HEARING DATE(S): 19 February 2008 JUDGMENT OF: Spigelman CJ at 18; Tobias JA at 1; Basten JA at 19
EX TEMPORE JUDGMENT DATE: 19 February 2008
DECISION: Appeal dismissed with costs.
CATCHWORDS: Pleadings - Practice and procedure - Application to strike out sections of Further Amended Statement of Claim - Meaning of 'essential matters' - Whether proposition put by claimants was obviously untenable.
LEGISLATION CITED: Trade Practices Act 1974 (Cth) Corporations Law (Cth)
CASES CITED: Yorke v Lucas (1985) 158 CLR 661
General Reinsurance Australia Ltd PARTIES: Kolnische Ruckversicherungs-Gesellschaft Aktiengesellschaft HIH Insurance Ltd (In Liquidation) HIH Investment Holding Ltd (In Liquidation)
FILE NUMBER(S): CA 40476/07
COUNSEL: 1&2 Cl: J Sackar QC / N Sharp 1&2 Opp: A J Sullivan QC / S T White QC / J K Kirk
SOLICITORS: 1&2 Cl: Allens Arthur Robinson, Sydney 1&2 Opp: Blake Dawson Waldron, Sydney
LOWER COURT JURISDICTION: Supreme Court
LOWER COURT FILE NUMBER(S): SC 4280/06
LOWER COURT JUDICIAL OFFICER: Einstein J
LOWER COURT DATE OF DECISION: 22 June 2007
LOWER COURT MEDIUM NEUTRAL CITATION: HIH Insurance Limited (in liquidation) & Anor v Rodney Stephen Adler & Ors [2007] NSWSC 633
IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40476/06
SPIGELMAN CJ TOBIAS JA BASTEN JA
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