FEDERAL COURT OF AUSTRALIA
Johnstone v HIH Insurance Ltd (In Liquidation) [2009] FCA 1314
BRIAN ALEXANDER JOHNSTONE v HIH INSURANCE LTD (IN LIQUIDATION) (ACN 008 636 575)& ORS
NSD 317 of 2002
BRIAN ALEXANDER JOHNSTONE v HANNOVER RUCKVERSICHERUNG AG & ORS
NSD 449 of 2007
EMMETT J
6 NOVEMBER 2009
SYDNEY
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION |
NSD 317 of 2002 |
|
BRIAN ALEXANDER JOHNSTONE Applicant
|
|
|
AND: |
HIH INSURANCE LTD (IN LIQUIDATION) (ACN 008 636 575) First Respondent
GEOFFREY ARTHUR COHEN Second Respondent
JUSTIN HERBERT GARDENER Third Respondent
CHARLES PERCY ABBOTT Fourth Respondent
ROBERT REGINALD STITT Fifth Respondent
RODNEY STEPHEN ADLER Sixth Respondent
RAYMOND REGINALD WILLIAMS Seventh Respondent
TERENCE KEVIN CASSIDY Eighth Respondent
DOMINIC FODERA Ninth Respondent
ARTHUR ANDERSON Tenth Respondent
HANNOVER RUSKVERSICHERUNGS-AKTIENGESELLSCHAFT (ARBN 002 927 031) Eleventh Respondent
HANNOVER REINSURANCE (IRELAND) LTD Twelfth Respondent
E&S REINSURANCE (IRELAND) LTD Thirteenth Respondent
SWISS RE AUSTRALIA LTD (ACN 004 360 909) Fifteenth Respondent
|
|
JUDGE: |
|
|
DATE OF ORDER: |
6 NOVEMBER 2009 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The proceeding be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION |
NSD 449 of 2007 |
|
BETWEEN: |
BRIAN ALEXANDER JOHNSTONE Plaintiff
|
|
AND: |
HANNOVER RUCKVERSICHERUNG AG (ARBN 002 927 031) First Defendant
HANNOVER REINSURANCE (IRELAND) LTD Second Defendant
E & S REINSURANCE (IRELAND) LTD Third Defendant |
|
JUDGE: |
EMMETT J |
|
DATE OF ORDER: |
6 NOVEMBER 2009 |
|
WHERE MADE: |
SYDNEY |
THE COURT ORDERS THAT:
1. The proceeding be dismissed.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using eSearch on the Court’s website.
|
IN THE FEDERAL COURT OF AUSTRALIA |
|
|
NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION |
|
NSD 317 OF 2002
|
BETWEEN: |
BRIAN ALEXANDER JOHNSTONE Applicant
|
|
AND: |
HIH INSURANCE LTD (IN LIQUIDATION) (ACN 008 636 575) First Respondent
GEOFFREY ARTHUR COHEN Second Respondent
JUSTIN HERBERT GARDENER Third Respondent
CHARLES PERCY ABBOTT Fourth Respondent
ROBERT REGINALD STITT Fifth Respondent
RODNEY STEPHEN ADLER Sixth Respondent
RAYMOND REGINALD WILLIAMS Seventh Respondent
TERENCE KEVIN CASSIDY Eighth Respondent
DOMINIC FODERA Ninth Respondent
ARTHUR ANDERSON Tenth Respondent
HANNOVER RUSKVERSICHERUNGS-AKTIENGESELLSCHAFT (ARBN 002 927 031) Eleventh Respondent
HANNOVER REINSURANCE (IRELAND) LTD Twelfth Respondent
E&S REINSURANCE (IRELAND) LTD Thirteenth Respondent
SWISS RE AUSTRALIA LTD (ACN 004 360 909) Fifteenth Respondent
|
NSD 449 OF 2007
|
BETWEEN: |
BRIAN ALEXANDER JOHNSTONE Plaintiff
|
|
AND: |
HANNOVER RUCKVERSICHERUNG AG (ARBN 002 927 031) First Defendant
HANNOVER REINSURANCE (IRELAND) LTD Second Defendant
E & S REINSURANCE (IRELAND) LTD Third Defendant |
|
JUDGE: |
EMMETT J |
|
DATE: |
6 NOVEMBER 2009 |
|
PLACE: |
SYDNEY |
REASONS FOR JUDGMENT
1 These two proceedings were listed for directions today in order to determine whether they are still on foot. The applicant in NSD 317 of 2002, being the plaintiff in NSD 449 of 2007 is Mr Brian Alexander Johnstone. Both proceedings were in Tamberlin J’s docket. In the first proceeding, NSD 317 of 2002, an order was made on 28 April 2006, giving the applicant leave to file a notice of discontinuance. No such notice of discontinuance has been filed.
2 In proceeding NSD 449 of 2007, orders were made on 20 December 2007. On that occasion Tamberlin J ordered that the proceeding be stayed until the costs of certain of the respondents in the earlier proceeding had been paid. A further order for costs was made and the first respondent was given leave to collect and tax the costs forthwith.
3 When both matters were called on for directions today there was no appearance for Mr Johnstone. The solicitors on the record for Mr Johnstone were notified of the directions hearings. In the circumstances I consider it is appropriate that each of the proceedings be dismissed.
|
I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Emmett. |
Associate:
Dated: 12 November 2009
|
Solicitor for the Seventh Respondent in NSD 317 of 2002: |
Arnold Bloch Leibler |
|
|
|
|
Solicitor for the Eleventh to Thirteenth Respondents in NSD 317 of 2002 and the Respondents in NSD 449 of 2007: |
Minter Ellison |
|
Date of Hearing: |
6 November 2009 |
|
|
|
|
Date of Judgment: |
6 November 2009 |
