In the matter of HIH Insurance Limited (in liquidation) [2019] NSWSC 1202

Supreme Court New South Wales

Medium Neutral Citation: In the matter of HIH Insurance Limited (in liquidation) [2019] NSWSC 1202 Hearing dates: 9 September 2019 Date of orders: 09 September 2019 Decision date: 09 September 2019 Jurisdiction: Equity - Corporations List Before: Rees J Decision: Order the plaintiffs to pay the defendants' costs of the proceedings, including the costs of today. Catchwords: COSTS — Plaintiffs applies for its costs after dismissal by consent — Where application brought under reg. 5.6.53 of the Corporations Regulations 2001 (Cth) for decision in respect of proofs of debt — Where plaintiffs had previously participated in procedure established by this Court for admission of proofs of debt — Plaintiffs sought to depart from this procedure by relying on reg. 5.6.53 — Whether reasonable to commence proceedings under Regulations where decision imminent — Whether r 42.20(1) of the UCPR displaced by any discretionary considerations — Relationship between r 42.20(1) and Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 considered — Australiawide Airlines Ltd trading as Regional Express v Aspirion Pty Limited [2006] NSWCA 365 applied — Proceedings "wholly unnecessary" — r 42.20(1) not displaced — Plaintiffs to pay defendants costs. Legislation Cited: Corporations Act 2001 (Cth), s 1321 (rep.) Corporations Regulations 2001 (Cth), reg. 5.6.53 Uniform Civil Procedure Rules 2005 (NSW), rule 42.20(1) Cases Cited: Australiawide Airlines Ltd trading as Regional Express v Aspirion Pty Limited [2006] NSWCA 365 Fordyce v Fordham (2006) 67 NSWLR 497; [2006] NSWCA 274 In the matter of HIH Insurance Limited (in liquidation) [2017] NSWSC 380 In the matter of HIH Insurance Limited (in liquidation) [2018] NSWSC 1969 In the matter of HIH Insurance Limited (in liquidation) (2016) 113 ACSR 318; [2016] NSWSC 482 In the matter of HIH Insurance Limited (in liquidation) (2018) 133 ACSR 338; [2018] NSWSC 1886 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622; [1996] HCA 6 Vanguard Financial Planners Pty Limited v Ale [2017] NSWSC 196 Category: Costs Parties: Pamela Margaret Ryan and 307 other plaintiffs named in Annexure A to the Originating Process (Plaintiffs)