Vasram v AMP Life Ltd. [2000] FCA 1676

FEDERAL COURT OF AUSTRALIA

Vasram v AMP Life Limited [2000] FCA 1676

PRACTICE AND PROCEDURE – representative proceedings – whether properly commenced under s 33C of the Federal Court of Australia Act 1976 (Cth) ("the Act") – whether there are any substantial common issues of law or fact– whether the Court should make an order under s 33N of the Act that the proceedings no longer continue as representative proceedings

Federal Court of Australia Act 1976 (Cth) ss 33C, 33N Wong v Silkfield Pty Ltd (1999) 199 CLR 225 applied Murphy v Overton Investments Pty Ltd [1999] FCA 1673 referred to Philip Morris (Australia) Ltd v Nixon (2000) 170 ALR 487 at 514 applied King v GIO Australia Holdings Ltd [2000] FCA 617 referred to Murphy v Overton Investments Pty Ltd [1999] FCA 1123 at [80] applied CHIMAN LAL VASRAM V AMP LIFE LIMITED NG 667 OF 1998 STONE J 21 NOVEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 667 OF 1998

BETWEEN: CHIMAN LAL VASRAM

APPLICANT

AND: AMP LIFE LIMITED

RESPONDENT

JUDGE: STONE J

DATE OF ORDER: 21 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The hearing listed for 11 and 12 December 2000 be confined to (a) the determination of whether the express terms of the policies issued to the applicant and to the representative group members contained a term or gave rise to (1) a representation that the policyholder would remain entitled to deal either with Chiman Vasram Pty Ltd or with an agent of the policyholder's choice, and/or (2) a right to have lapsed policies re-instated or considered for re-instatement; and (b) submissions as to the appropriateness of an order under s 33N of the Federal Court of Australia Act 1976 (Cth). 2. Costs of the notice of motion be reserved pending further argument on the question of costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.