Bowlers Club of NSW v Jones Lang LaSalle & Ors, Griffiths v Berkeley Challenge & Ors [2001] NSWSC 609

Bowlers Club of NSW v Jones Lang LaSalle & Ors, Griffiths v Berkeley Challenge & Ors [2001] NSWSC 609

Leave under s 471B was granted because each applicant discharged the onus: the cross-claims raised real issues appropriate for determination by a court, one matter had a fixed hearing date and the other was well advanced after substantial preparation, refusal would risk further unnecessary trouble and expense, and defending the cross-claims should not unduly distract the provisional liquidators; the leave was conditioned so that any judgment could not be enforced without further leave of the court.

Jurisdiction
Australia
Judgment Date
19 July 2001
Procedural Posture
Applications for Leave Pursuant to S 471 B of the Corporations Law to Proceed With Cross Claims Against HIH Casualty and General Insurance Limited in Provisional Liquidation / Heard Together on Notices of Motion; Judgment on Whether Leave Should Be Granted
Outcome
Applications granted.
Legal Topics
['provisional Liquidation' 'leave to Proceed Against Company in Provisional Liquidation' 'discretionary Power Under S 471 B' 'proof of Debt' 'insurance Indemnity Cross Claims' 'policy Construction']
['corporations Law' 'insolvency' 'civil Procedure' 'insurance'] ['provisional Liquidation' 'leave to Proceed Against Company in Provisional Liquidation' 'discretionary Power Under S 471 B' 'proof of Debt' 'insurance Indemnity Cross Claims' 'policy Construction']

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Procedural Posture

Applications for Leave Pursuant to S 471 B of the Corporations Law to Proceed With Cross Claims Against HIH Casualty and General Insurance Limited in Provisional Liquidation / Heard Together on Notices of Motion; Judgment on Whether Leave Should Be Granted

Legal Issues

  1. 1 ['Whether Delta Electricity should be granted leave pursuant to s 471B of The Corporations Law to proceed with its cross-claim against HIH Casualty and General Insurance Limited.' 'Whether Jones Lang LaSalle (NSW) Pty Limited should be granted leave pursuant to s 471B of The Corporations Law to proceed with cross-claims involving HIH Casualty and General Insurance Limited and HIH (Liability) Pty Limited.' 'Whether the applicants should instead be required to lodge proofs of debt under s 553D.' 'Whether allowing the proceedings to continue would unduly distract the provisional liquidators or disrupt the administration of the HIH Group.']

Ratio Decidendi

Leave under s 471B was granted because each applicant discharged the onus: the cross-claims raised real issues appropriate for determination by a court, one matter had a fixed hearing date and the other was well advanced after substantial preparation, refusal would risk further unnecessary trouble and expense, and defending the cross-claims should not unduly distract the provisional liquidators; the leave was conditioned so that any judgment could not be enforced without further leave of the court.

Court Disposition

Applications granted.

Orders

  • ['In the matter of Delta Electricity, leave is granted pursuant to s 471B of The Corporations Law.' 'In the matter of the Bowlers Club, leave is granted pursuant to s 471B of The Corporations Law.' 'In each matter, leave is granted on the condition that any judgment obtained may not be enforced without the leave of...