Reinsurance Australia Corporation Limited v HIH Casualty and General Insurance Ltd (in liquidation) [2003] FCA 1526

Reinsurance Australia Corporation Limited v HIH Casualty and General Insurance Ltd (in liquidation) [2003] FCA 1526

Leave to discontinue was granted as the other parties settled, the fourth respondents had no involvement, and it was appropriate not to order costs against the applicants.

Parties
First Applicant: Reinsurance Australia Corporation Limited; Second Applicant: Monegasque De Reassurances S.A.M.; First Respondent: HIH Casualty and General Insurance (In Liquidation); Second Respondents: AIG Europe (UK) Ltd and New Hampshire Insurance Company; Third Respondents: Heath Group Limited (formerly CE Heath plc), Heath Insurance Broking Ltd formerly C.E. Heath (Insurance Broking) Ltd and Heath North America and Special Risks Ltd; Fourth Respondents: Ice Media Limited and Premier Media Limited; Fifth Respondent: JP Morgan Chase Bank (formerly known as The Chase Manhattan Bank, formerly known as Chemical Securities Inc)
Jurisdiction
Australia
Judgment Date
19 December 2003
Procedural Posture
Civil / Application for Leave to Discontinue Against Certain Respondents Following Settlement
Outcome
Leave to discontinue granted against fourth respondents with no order as to costs; proceedings otherwise to be dismissed by consent.
Legal Topics
Discontinuance of Proceedings, Settlement, Orders as to Costs
Civil Procedure Discontinuance of Proceedings Settlement Orders as to Costs

Case Brief

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Parties

Reinsurance Australia Corporation Limited

First Applicant

Monegasque De Reassurances S.A.M.

Second Applicant

HIH Casualty and General Insurance (In Liquidation)

First Respondent

AIG Europe (UK) Ltd and New Hampshire Insurance Company

Second Respondents

Heath Group Limited (formerly CE Heath plc), Heath Insurance Broking Ltd formerly C.E. Heath (Insurance Broking) Ltd and Heath North America and Special Risks Ltd

Third Respondents

Ice Media Limited and Premier Media Limited

Fourth Respondents

JP Morgan Chase Bank (formerly known as The Chase Manhattan Bank, formerly known as Chemical Securities Inc)

Fifth Respondent

Procedural Posture

Civil / Application for Leave to Discontinue Against Certain Respondents Following Settlement

Legal Issues

  1. 1 Whether the applicants should be granted leave to discontinue proceedings against the fourth respondents
  2. 2 Whether there should be any order as to costs against the fourth respondents

Ratio Decidendi

Leave to discontinue was granted as the other parties settled, the fourth respondents had no involvement, and it was appropriate not to order costs against the applicants.

Court Disposition

Leave to discontinue granted against fourth respondents with no order as to costs; proceedings otherwise to be dismissed by consent.

Orders

  • Applicants granted leave to discontinue against the fourth respondents with no order as to costs between those parties.
  • Discontinuance against the fourth respondents to take effect immediately before the dismissal of proceedings in accordance with short minutes of order signed by the applicants and other respondents.