CGU Insurance Limited v One.Tel Limited (In Liquidation)

[2010] HCA 26
Judgment date
Case number
S78/2010
Before
French CJ, Heydon, Crennan, Kiefel, Bell JJ
Catchwords

CGU Insurance Limited v One.Tel Limited (In Bankruptcy - Deed of Arrangement - Directors and officers liability policy of insurance - Equitable assignment of rights under policy of insurance to trustee under Deed of Arrangement - Trustee commenced proceedings in pursuit of rights under policy of insurance - Deed of Arrangement terminated - Effect of termination - Whether trustee had power to continue proceedings - Whether "loss" suffered under policy of insurance - Whether certain clauses of Deed of Arrangement survived termination.

Trusts – Bare trust - Duties and powers of trustee.

Words and phrases – "loss", "bare trust".

Bankruptcy Act 1966 (Cth) – Pt X.

Conveyancing Act 1919 (NSW) – s 12.

Files
26.rtf (45.91 KB)
26.pdf (79.59 KB)