Allstate Life Insurance Company & Ors v. Australia & New Zealand Banking Group Ltd & Ors [1994] FCA 948

SUDGMENT NO. wnclat Sod saci IN Tage: #MPERAL COURT OF AUSTRALIA

) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G381 of 1994 ) GENERAL DIVISION )

BETWEEN: ALLSTATE LIFE INSURANCE CO.

& OTHERS Applicants AND: AUSTRALI NEW ZE. D BANKIN ROUP L OTHERS Respondents CORAM: BEAUMONT J. DATE: 6 DECEMBER 1994 ERE 3 SYDNEY

MINUTES OF ORDER

R IRDERS : 1. Notice of Motion is dismissed. 2. Costs reserved.

~8 DEC 1994

FEDERAL COURT OF AUSTRALIA PRINCIPAL

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW TH WALES DISTRICT REGISTRY

GENERAL DIVISION

No. G381 of 1994

wee eee ws

BETWEEN: ALLSTATE LIFE IN E A & OTHERS

Applicants

AND: AUSTRAL EW E. D BANKIN ROUP IMITED

OTHERS

Respondents CORAM: BEAUMONT J. DATE: 6 DECEMBER 1994

REASONS FOR JUDGMENT (No. 4) nm application by Freehills to strike out paras. 78-

and 165-8 of the amended statement of claim INTRODUCTION

Before the Court is a notice of motion by Freehills, the fifty-fourth respondent, to strike out paras. 78-9 and 165-8 of the amended statement of claim. It is Freehills' contention that these paragraphs of the pleading fail to disclose, even on an arguable basis, the existence of the

causes of action pleaded.

The general nature of the case pleaded in the statement of claim is described in my earlier judgments in these proceedings. I there also stated the test to be applied

in a motion to strike out a pleading of the present kind.

In order to understand the challenged parts of the

pleading in their context, it will be necessary to describe

some of the earlier allegations in the statement of claim as

follows.

By paras. 10-25 of .the pleading (annexed..to these reasons), it is alleged, inter alia, that Freehills were retained by Linter Textiles to act, and did act, as its Australian solicitors in connection with the proposed