In the matter of HIH Insurance Limited (in liquidation) ACN 008 636 575; In the matter of FAI General Insurance Company Ltd (in liquidation and subject to a scheme of arrangement) ACN 000 327 855; In the matter of HIH Casualty and General Insurance Limited (in liquidation and subject to schemes of arrangement) ACN 008 482 291 [2018] NSWSC 1969

Supreme Court New South Wales

Medium Neutral Citation: In the matter of HIH Insurance Limited (in liquidation) ACN 008 636 575; In the matter of FAI General Insurance Company Ltd (in liquidation and subject to a scheme of arrangement) ACN 000 327 855; In the matter of HIH Casualty and General Insurance Limited (in liquidation and subject to schemes of arrangement) ACN 008 482 291 [2018] NSWSC 1969 Hearing dates: 14 December 2018 Date of orders: 14 December 2018 Decision date: 14 December 2018 Jurisdiction: Equity - Corporations List Before: Brereton J Decision: Dispense with requirement to give notice of commencement of representative proceedings and of opt out date; shareholder circulars settled. Catchwords: PROCEDURE – Representative Proceedings – Publication of Notices – Dispensation – where no claim for damages – where no conceivable basis on which informed group member would wish to opt out – where highly desirable that large administration be finalised without further complexity – notice dispensed with Legislation Cited: (CTH) Corporations Act 2001, s 599, s 1322 (NSW) Civil Procedure Act 2005, Part 10, s 157, s 162, s 166, s 167, s 168, s 175, s 179 Cases Cited: CIC Insurance Limited (in liquidation and subject to a scheme of company arrangement) and FAI General Insurance Company Limited (in liquidation and subject to a scheme of company arrangement), In the matter of [2015] NSWSC 1518 HIH Insurance Limited, In the matter of [2018] NSWSC 1886 TW McConnell Pty Limited v SurfStitch Group Limited [2018] NSWSC 1749 Category: Consequential orders (other than Costs) Parties: (58663 of 2001) Anthony Gregory McGrath and Jason Preston in their capacity as Liquidators of HIH Insurance Limited (In Liquidation) (Applicants)