Court accepts Market-based causation: In the matter of HIH Insurance Limited (In liquidation) [2016] NSWSC 482 (20 April 2016)

  • Author : Anthony Lo Surdo SC FCIArb - 30-04-2016

Introduction

On 20 April 2016, Brereton J of the Supreme Court of New South Wales delivered judgment in four sets of proceedings brought by plaintiffs who were shareholders in HIH and who acquired HIH shares in the period between 26 October 1998 and 15 March 2001. The proceedings each had their genesis as appeals pursuant to s 1321 of the Corporations Act 2001 from the rejection of proofs of debt and in which orders were sought that the decisions of the liquidators not to admit, or to fail to adjudicate upon, the proofs be reversed or modified, and that the claims be admitted.

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Anthony Lo Surdo SC FCIArb

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