CGU Insurance Ltd v One.Tel Ltd (In Liq)

HIGH COURT OF AUSTRALIAFRENCH CJ,HEYDON, CRENNAN, KIEFEL AND BELL JJCGU INSURANCE LIMITED  APPELLANTANDONE.TEL LIMITED (IN LIQUIDATION) & ORS  RESPONDENTSCGU Insurance Limited v One.Tel Limited (In Liquidation)[2010] HCA 264 August 2010S78/2010ORDER1.Appeal allowed in relation to order 2 of the Court of Appeal of the Supreme Court of New South Wales made on 18 December 2009.2.The answers to the questions reserved for separate determination be recorded as:Question 1:  Can the plaintiff named in the amended summons maintain these proceedings to seek recovery from the first defendant of the alleged property identified in paragraph v of Schedule A to the deed ('the Property')?Answer:  Yes.Question 2:  Upon the termination of the Deed, did any alleged interests or rights of Greaves in respect of the alleged Property cease to be held by the plaintiff as trustee or otherwise identifying the same?Answer:  No.Question 3A:  In what capacity does the plaintiff hold any alleged interests or rights of Greaves in respect of the alleged Property?Answer:  Not necessary to answer.Question 3B:  In what capacity would the plaintiff hold any proceeds of the realisation of any interests or rights of Greaves in respect of the alleged Property?Answer:  Not necessary to answer.Question 4:  Which of the parties (including Greaves), if any, hold any alleged interests or rights of Greaves in respect of the alleged Property, and in what capacity?Answer:  Not necessary to answer.Question 5A:  Upon termination of the Deed, was Greaves released and discharged from all liability at law and/or in equity in respect of the orders made on 6...