In the matter of Dominion Insurance Company of Australia Limited (subject to scheme of arrangement) [2017] NSWSC 636

Supreme Court New South Wales

Medium Neutral Citation: In the matter of Dominion Insurance Company of Australia Limited (subject to scheme of arrangement) [2017] NSWSC 636 Hearing dates: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Equity - Corporations List Before: Black J Decision: Subject to notice of the application to the Australian Prudential Regulation Authority, the Court would order that the Plaintiff convene a meeting of creditors for the purposes of considering and, if thought fit, agreeing to a proposed scheme of arrangement between the Plaintiff and its creditors, and make ancillary orders. Catchwords: CORPORATIONS – Arrangements and reconstructions – Schemes of arrangement or compromise – Application under s 411 of the Corporations Act 2001 (Cth) for orders convening a meeting of members to consider and if thought fit to agree to a proposed scheme of arrangement – where scheme proposed to replace current scheme – where current scheme difficult to administer Legislation Cited: - Corporations Act 2001 (Cth), ss 411–412 Cases Cited: - Re Dominion Insurance Company of Australia Limited (Subject to Scheme of Arrangement) [2013] NSWSC 898; (2013) 276 FLR 338 - Re Forklift Sales (SA) Pty Ltd (1972) 3 SASR 21 - Re HIH Casualty and General Insurance Ltd [2006] NSWSC 485; (2006) 57 ACSR 791 - Re Hills Motorway Ltd [2002] NSWSC 897; (2002) 43 ACSR 101 - Re NRG London Reinsurance Company Ltd and NRG Victory Aust Limited and the Corporations Act 2001 [2006] FCA 872; (2006) 58 ACSR 674 Category: Procedural and other rulings Parties: The Dominion Insurance Company of Australia Limited (Subject to scheme of arrangement) (Plaintiff/Applicant) Representation: Counsel: R Glasson (Plaintiff/Applicant)