Allstate Life Insurance Co. & Ors v Australia & New Zealand Banking Group Ltd & Ors [1995] FCA 660

CATCHWORDS PRACTICE AND PROCEDURE - pleadings - application for leave to amend statement of claim - adequacy of pleading of misrepresentations - existing pleading alleging misrepresentations made to all applicants in prospectus - amended pleading would allege making of the same representations orally and/or in preliminary prospectus and/or in prospectus - impossible to say in which way or ways representations alleged to have been made to any particular applicant - necessity of pleading manner of making of each representation to each applicant as well as content of representations. PRACTICE AND PROCEDURE - costs - respondents' success on applicants' motion for leave to amend pleading - order that applicants pay respondents' costs of the motion - application for costs on indemnity basis refused - application under O 62 r 3 of Federal Court Rules for leave to tax costs and to enforce order for costs forthwith - reference to possible under utilisation of that possibility. Federal Court Rules O 11 r 2 (a); O 12 r 2; O 62 r 3. ALLSTATE LIFE INSURANCE CO & ORS v AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED & ORS (No 14) No NG 381 of 1994 Lindgren J Sydney 18 August 1995

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No NG 381 of 1994 GENERAL DIVISION ) BETWEEN: ALLSTATE LIFE INSURANCE CO and the parties listed as applicants in Annexure A to the amended statement of claim. Applicants AND: AUSTRALIA & NEW ZEALAND BANKING GROUP LIMITED and the parties listed as respondents in Annexure B to the amended statement of claim. Respondents CORAM: Lindgren J PLACE: Sydney DATE: 18 August 1995

MINUTE OF ORDERS THE COURT: 1. ORDERS that the applicants' motion brought by notice of motion filed on 31 July 1995 for leave to amend be dismissed. 2. ORDERS that the applicants pay the costs of the respondents to that motion, of that motion. 3. GRANTS leave to the 54th respondents to apply afresh for an order under O 62 of the Federal Court Rules in relation to its costs as a respondent to the applicants' motion referred to in para (1) above. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.