In the matter of HIH Insurance Limited (In Liquidation) (ACN 008 636 575) and others; Smith and Others v Anthony Gregory McGrath (in his capacity as Liquidator of HIH Insurance Limited (in liquidation)) and Others; Baldock and Others v Anthony Gregory McGrath (in his capacity as Liquidator of HIH Insurance Limited (in liquidation)) and Others;; De Bortoli Wines (Superannuation) Pty Ltd and Others v Anthony Gregory McGrath (in his capacity as Liquidator of HIH Insurance Limited (in liquidation)) and Others; Cuong Ly and Others v Anthony Gregory McGrath (in his capacity as Liquidator of HIH Insurance Limited (in liquidation)) and Others

• 1. Trade Practices
  2. › Misleading and deceptive conduct
  3. › Damages
  4. › Causation
  5. › Indirect market causation
  6. › Whether plaintiffs entitled to damages where shares acquired on market distorted by contravening conduct
  7. › Whether direct reliance on contravening conduct required
  8. › Trade Practices Act 1974 (Cth), ss 52, 82(1)
• 1. Trade Practices
  2. › Misleading and deceptive conduct
  3. › Accessorial liability
  4. › Knowingly concerned in contravention
  5. › Whether subsidiaries whose financial statements were consolidated into holding company's misleading results were knowingly concerned in contravention
  6. › Whether knowledge of officer attributable to corporation
  7. › Trade Practices Act 1974 (Cth), ss 75B(1), 84(1)
• 1. Trade Practices
  2. › Misleading and deceptive conduct
  3. › Damages
  4. › Quantification
  5. › Market-based loss
  6. › Measure of damages where contravening conduct inflated market price of shares
  7. › Whether damages measured by difference between actual price and hypothetical price absent contravening conduct
• 1. Corporations
  2. › Proof of debt
  3. › Appeal from rejection of proof
  4. › Nature of hearing
  5. › Court determines matter de novo
  6. › Corporations Act 2001 (Cth), s 1321

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