Federal Court of Australia
JUDGMENT No. .8.2.2.,.7 4
CATCHWORDS
TRADE PRACTICES - consumer protection ~ whether allegation of failure to speak could constitute a cause of action of
misleading conduct or aiding and abetting under s.52 or s.75B of the Trade Practices Act 1974
FRAUD - whether allegation of failure to speak could constitute a cause of action in fraud
Trade Practices Act 1974 (Cth), s52, s75B
Demagogue Pty Ltd v Ramensky (1992) 39 FCR 31, considered
ALLSTATE LIFE INSURANCE CO & ORS v AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED & ORS
G381 OF 1994
Coram: Beaumont J
Place: Sydney
Date: 8 November 1994 RECEIVED ~8 NOV 1994
FEDERAL COURT ©.
AUSTRALIA PRINCIPAL REGISTRY
IN THE FEDERAL RT OF AUSTRALIA ) ) Ww 'H WALES DISTRICT REGISTRY ) No. G381 of 1994 ) E DIVISION ) BETWEEN: ALLSTATE LIFE INSURANCE CO. & OTHERS Applicants AND AUSTRALIA AND NEW ZEALAND BANKIN ROUP LIMITED _& OTHERS Respondents
CORAM: Beaumont J.
DATE: 8 November 1994
REASONS FOR JUDGMENT (No. 3)
Before the Court are notices of motion seeking to strike out certain paragraphs of the amended statement of claim dated 11 October 1994. For present purposes, it will be convenient to group the claims in question into several categories by reference to the various causes of action alleged to exist and to deal with each challenge in turn. It should be noted that here also, the complaint made by the present respondents 1s not that there are mere deficiencies of pleading. Rather, they contend that, relevantly, the facts pleaded fail to disclose, even on an arguable basis, the existence of the causes of action claimed. MThe introductory allegations in the statement of claim are sufficiently summarised in Reasons (No. 1) and need not be repeated for
present purposes.
TRADE PRACTICES ACT CLAIMS
(a) The relevant case pleaded In respect of "All Claims" the applicants make the
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