Allstate Life Insurance Co. & Ors v Australia & New Zealand Banking Group & Ors [1995] FCA 481

CATCHWORDS TORT - interfering with contractual rights - procuring or inducing breach of contract - elements of tort - whether "knowledge" or "intention" that the conduct induced will constitute a breach of contract is essential - whether any lesser state of mind with respect to the matter of breach will suffice - whether "wilful blindness", "reckless indifference", or "indifference" as to the matter of breach will suffice - relationship between sufficiency of knowledge of the contract and the provision breached and "intention" with respect to the matter of breach. Federal Court Rules Order 13 r 2 and Order 11 r 16. Short v The City Bank of Sydney (1912) 12 SR (NSW) 186. Short v The City Bank of Sydney (1912) 15 CLR 148. Independent Oil Industries Ltd v The Shell Co of Australia Ltd (1937) 37 SR (NSW) 394. D C Thomson & Co Ltd v Deakin [1952] 1 Ch 646. Emerald Construction Co v Lowthian [1966] 1 WLR 691. Northern Territory v Mengel (1995) 129 ALR 1. ALLSTATE LIFE INSURANCE CO & ORS v AUSTRALIA & NEW ZEALAND BANKING GROUP & ORS No NG 381 of 1994 Lockhart, Lindgren and Tamberlin JJ Sydney 11 July 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 381 of 1994 GENERAL DIVISION )

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA BETWEEN: ALLSTATE LIFE INSURANCE CO & ORS Appellants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED & ORS Respondents CORAM: Lockhart, Lindgren, Tamberlin JJ PLACE: Sydney DATE: 11 July 1995

MINUTE OF ORDERS THE COURT ORDERS: 1. THAT the appeals be dismissed. 2. THAT the appellants pay the costs of the appeals of the respective respondents to the appeals. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.