HIH Insurance Ltd [2002] NSWSC 243

HIH Insurance Ltd [2002] NSWSC 243

The liquidators are justified in providing access to the HIH Royal Commission to corporate records, including potentially privileged documents, in accordance with the specified protocol provided that they act in good faith in forming the view that it is or may be in the interests of the company or its creditors.

Jurisdiction
Australia
Judgment Date
28 March 2002
Procedural Posture
Corporations Direction to Liquidators / Application for Directions
Outcome
Direction given
Legal Topics
['winding Up' 'legal Professional Privilege' 'court Directions to Liquidators']
['corporations' 'equity'] ['winding Up' 'legal Professional Privilege' 'court Directions to Liquidators']

Case Brief

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Procedural Posture

Corporations Direction to Liquidators / Application for Directions

Legal Issues

  1. 1 ['Whether the liquidators of HIH Insurance Ltd are justified in giving access to the HIH Royal Commission to corporate records including potentially privileged documents under a particular protocol.']

Ratio Decidendi

The liquidators are justified in providing access to the HIH Royal Commission to corporate records, including potentially privileged documents, in accordance with the specified protocol provided that they act in good faith in forming the view that it is or may be in the interests of the company or its creditors.

Court Disposition

Direction given

Orders

  • ['That the liquidators of the company are justified in giving access to the HIH Royal Commission to the corporate records of the HIH Group of companies from 1 January 1995 to 15 March 2001, in response to a Notice to produce Documents or Things issued by the Commission to the liquidators on 1 March 2002, pursuant to...