NSW Caselaw
New South Wales Supreme Court
CITATION : McGrath & Ors as Liquidators of HIH Insurance Ltd [2009] NSWSC 1244
HEARING DATE(S) : 17/11/09
JUDGMENT DATE : 18 November 2009
JURISDICTION : Equity Division Corporations List
JUDGMENT OF : Barrett J
DECISION : Approval granted under s 477(2B).
CATCHWORDS : CORPORATIONS - winding up - agreement to be made by liquidator on company's behalf - obligations may be discharged more than three months after agreement entered into - "tax sharing agreement" among several companies in liquidation - whether court should approve making of agreement
LEGISLATION CITED : Corporations Act 2001 (Cth), ss 477(1)(a), 477(2B), 477(2)(m) Income Tax Assessment Act 1997 (Cth), Part 3.90, ss 703.5, 703.50, 721.25(1)(c), 721.30
CATEGORY : Principal judgment
Crouch re Heritage Fine Wines Pty Ltd [2007] NSWSC 1055; (2007) 214 FLR 244 Re Bairnsdale Food Products Ltd [1948] VLR 264 Re Cambrian Mining Co (1882) 48 LT 114 CASES CITED : Re G A Listing & Maintenance Pty Ltd (1994) 15 ACSR 308 Re HIH Insurance Ltd [2004] NSWSC 5 Re Spedley Securities Ltd (in liq) (1992) 9 ACSR 83 Re Wreck Recovery and Salvage Co (1880) 15 ChD 353 State Bank of New South Wales v Turner Corporation Ltd (1994) 14 ACSR 480
PARTIES : Anthony Gregory McGrath and Christopher John Honey as liquidators of HIH Insurance Ltd and the other companies listed in Schedule A and Murray Campbell Smith as liquidator of the companies listed in Schedule B - Plaintiffs
FILE NUMBER(S) : SC 5298/09
COUNSEL : Mr F Gleeson SC - Plaintiffs
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate