Assetinsure Pty Ltd v New Cap Reinsurance Corporation Ltd (in Liquidation)

JurisdictionAustralia Federal only
JudgeGleeson CJ,Heydon,Crennan JJ,Kirby,Hayne JJ
Judgment Date07 April 2006
Neutral Citation2006-0407 HCA A,[2006] HCA 13
Docket NumberS327/2005
CourtHigh Court
Date07 April 2006
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11 cases
  • HIH Casualty and General Insurance Ltd v JLT Risk Solutions Ltd
    • United Kingdom
    • House of Lords
    • April 9, 2008
    ...and that "contract of re-insurance" includes a contract of retrocession ( Asset Insure Pty Ltd v New Cap Reinsurance Corporation Ltd (2006) 226 ALR 1). Accordingly, it is common ground that section 562A confers on all creditors of an insurance company with insurance and reinsurance claims p......
  • HIH Casualty and General Insurance Ltd, Re; McGrath and Others v Riddell and Another
    • United Kingdom
    • Court of Appeal (Civil Division)
    • April 9, 2008
    ...insurance entered into by a company, as insurer, before the relevant date." In AssetInsure Pty Ltd v New Cap Reinsurance Corporation Ltd [2006] HCA 13 the High Court of Australia determined that the phrase "contract of reinsurance" includes retrocession 16 Thus s.562A confers on all credito......
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1 firm's commentaries
  • Insurer Bail-Outs - Should Australian Policy Holders Be Concerned?
    • Australia
    • Mondaq Australia
    • September 30, 2008
    ...The High Court recently considered what is a liability in Australia in AssetInsure Pty Ltd-v-New Cap Reinsurance Corp Limited (in Liq) (2006) 225 CLR 331 2 HIH Casualty & General Insurance Limited Re: McGrath v Riddell [2008] 3 ALL ER 869 Sydney Ray Giblett t +61 2 9931 4833 e rgiblett@......

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