McGrath & Anor as Liquidators of HIH Insurance Ltd [2008] NSWSC 780

McGrath & Anor as Liquidators of HIH Insurance Ltd [2008] NSWSC 780

The orders to issue an examination summons to a person resident in Hong Kong, grant leave for service outside Australia, and request the Hong Kong Court to act in aid were made because the examinee was found to have information about HIH’s examinable affairs, and there was utility in seeking the Hong Kong Court’s aid, with reasonable likelihood that the Hong Kong Court would act upon the request based on advice from Hong Kong solicitors and established legal principles.

Parties
Applicants: Anthony Gregory McGrath and Christopher John Honey as liquidators of HIH Insurance Ltd
Jurisdiction
Australia
Judgment Date
31 July 2008
Procedural Posture
Corporations – Winding Up / Ex Parte Application and Orders on Examination Summons
Outcome
Application granted; orders made for issue and service of examination summons, request to Hong Kong Court, and related procedural orders.
Legal Topics
Examination Summons, Service Outside Australia, Letter of Request to Foreign Court, External Administration
Corporations Cross Border Insolvency Examination Summons Service Outside Australia Letter of Request to Foreign Court External Administration

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Parties

Anthony Gregory McGrath and Christopher John Honey as liquidators of HIH Insurance Ltd

Applicants

Procedural Posture

Corporations – Winding Up / Ex Parte Application and Orders on Examination Summons

Legal Issues

  1. 1 Whether a summons for examination should be issued to a person resident in Hong Kong under s 596B of the Corporations Act 2001 (Cth)
  2. 2 Whether leave should be granted for the examination summons to be served in Hong Kong under Uniform Civil Procedure Rule 11.5
  3. 3 Whether a letter of request should be issued to the Hong Kong Court under s 581(4) of the Corporations Act

Ratio Decidendi

The orders to issue an examination summons to a person resident in Hong Kong, grant leave for service outside Australia, and request the Hong Kong Court to act in aid were made because the examinee was found to have information about HIH’s examinable affairs, and there was utility in seeking the Hong Kong Court’s aid, with reasonable likelihood that the Hong Kong Court would act upon the request based on advice from Hong Kong solicitors and established legal principles.

Court Disposition

Application granted; orders made for issue and service of examination summons, request to Hong Kong Court, and related procedural orders.

Orders

  • A summons for examination is to be issued to the person named in the Interlocutory Process under s 596B of the Corporations Act.
  • This court requests the High Court of Hong Kong to act in aid of and be auxiliary to this court in relation to the examination, by a letter of request.