In the matter of HIH Insurance Limited (In Liquidation) ACN 008 636 575 & others named in Schedule A [2015] NSWSC 1309

Supreme Court New South Wales

Medium Neutral Citation: In the matter of HIH Insurance Limited (In Liquidation) ACN 008 636 575 & others named in Schedule A [2015] NSWSC 1309 Hearing dates: 2 July 2015 Date of orders: 02 July 2015 Decision date: 02 July 2015 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Notice of motion dismissed. Catchwords: PROCEDURE – application to reopen plaintiffs' case – where additional affidavit and exhibits sought to be adduced – where plaintiffs aware of existence and availability of additional evidence before hearing – where evidence relevant only in broad sense – where significant reformulation of plaintiffs' case involved – where reopening hearing would open issues not explored at initial hearing – application not merely to remediate failure to adduce evidence at hearing – where evidence not sufficiently probative – held, leave to reopen refused. Category: Procedural and other rulings Parties: Craig Richard Baldock and others (plaintiffs) Anthony Gregory McGrath in his capacity as Liquidator of HIH Insurance Limited (in liquidation) (first defendants) Christopher John Honey in his capacity as Liquidator of HIH Insurance Limited (in liquidation) (second defendants) Anthony Gregory McGrath in his capacity as Scheme Administrator of FAI Insurance Company Ltd (in liquidation and subject to a scheme of arrangement) (third defendants) Christopher John Honey in his capacity as Scheme Administrator of FAI General Insurance Company Ltd (in liquidation and subject to a scheme of arrangement) (fourth defendants) Anthony Gregory McGrath in his capacity as Scheme Administrator of HIH Casualty and General Insurance Ltd (in liquidation and subject to a scheme of arrangement) (fifth defendants) Christopher John Honey in his capacity as Scheme Administrator of HIH Casualty and General Insurance Ltd (in liquidation and subject to a scheme of arrangement) (sixth defendants) Anthony Gregory McGrath in his capacity as Scheme Administrator of CIC Insurance Ltd (in liquidation and subject to a scheme of arrangement) (seventh defendants) Christopher John Honey in his capacity as Scheme Administrator of CIC Insurance Ltd (in liquidation and subject to a scheme of arrangement) (eighth defendants) Representation: Counsel: R White (plaintiffs/applicants) J Lockhart SC (defendant/respondent)