General Reinsurance Australia Ltd v HIH Insurance Ltd (In Liquidation) [2008] NSWCA 12

General Reinsurance Australia Ltd v HIH Insurance Ltd (In Liquidation) [2008] NSWCA 12

Leave to appeal was refused because the challenged pleading was not obviously untenable. It was arguable that knowledge of the Second AXOL Contract and under-provisioning could support accessorial liability even if the claimants lacked knowledge of the NI Contract, and it was also arguable that para 283 supported an inference of an extant obligation and loss. No error warranting appellate intervention was shown.

Jurisdiction
Australia
Judgment Date
19 February 2008
Procedural Posture
Application for Leave to Appeal / Court of Appeal Review of Interlocutory Refusal to Strike Out Paragraphs of a Further Amended Statement of Claim
Outcome
Summons for leave to appeal dismissed with costs.
Legal Topics
['strike Out Application' 'accessorial Liability' 'misleading or Deceptive Conduct' 'actual Knowledge of Essential Matters' 'embarrassing Pleading']
['pleadings' 'practice and Procedure' 'corporations Law' 'trade Practices'] ['strike Out Application' 'accessorial Liability' 'misleading or Deceptive Conduct' 'actual Knowledge of Essential Matters' 'embarrassing Pleading']

Case Brief

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Procedural Posture

Application for Leave to Appeal / Court of Appeal Review of Interlocutory Refusal to Strike Out Paragraphs of a Further Amended Statement of Claim

Legal Issues

  1. 1 ['Whether paragraphs alleging the claimants were involved in misleading or deceptive conduct should be struck out because the claimants allegedly lacked knowledge of all conduct particularised, including the NI Contract.' 'Whether para 283 of the Further Amended Statement of Claim was so embarrassing that it should be struck out.' 'Whether the proposed appeal satisfied the threshold for leave in an interlocutory practice and procedure matter.']

Ratio Decidendi

Leave to appeal was refused because the challenged pleading was not obviously untenable. It was arguable that knowledge of the Second AXOL Contract and under-provisioning could support accessorial liability even if the claimants lacked knowledge of the NI Contract, and it was also arguable that para 283 supported an inference of an extant obligation and loss. No error warranting appellate intervention was shown.

Court Disposition

Summons for leave to appeal dismissed with costs.

Orders

  • ['Leave to appeal refused with costs.' 'Summons for leave to appeal dismissed with costs.']