McGrath & Anor re HIH Insurance Ltd & Ors

For separate reasons consisting of 53 paragraphs, a copy of which I now deliver to the applicants in the absence of the public, I decline at this point to grant the approvals under s.477(2B) of the Corporations Act 2001 (Cth) and related relief sought by them. The interlocutory process in each of the 41 proceedings will be stood over to a date to be fixed for directions as to the filing of such further evidence as the applicants may wish to adduce.

Because the interlocutory processes were heard in the absence of the public pursuant to an order under s.80 of the Supreme Court Act 1970 (see McGrath re HIH Insurance Ltd [2005] NSWSC 731), I order that, until further order, the separate reasons a copy of which I now deliver to the applicants in the absence of the public remain in a sealed envelope in the court file and not be accessed by any person except with the leave of a judge and with 48 hours prior notice to Blake Dawson Waldron. I direct that those separate reasons not be posted on the Caselaw New South Wales website while the immediately preceding order remains in force.