Vasram v AMP Life Limited [2000] FCA 1916

FEDERAL COURT OF AUSTRALIA

Vasram v AMP Life Limited [2000] FCA 1916

CONTRACTS – construction and interpretation of contracts – meaning of phrase "your agent" – whether contract contains an implied term that the insured was entitled to deal with an agent of their choice in relation to their policy TRADE PRACTICES – consumer protection – whether insurance contract contained a representation that the insured was entitled to deal with an agent of their choice in relation to their policy – whether insurance contract and related materials contained a representation that the insured was entitled to have the policy, if lapsed, re-instated or considered for re-instatement WORDS AND PHRASES – "your agent" Federal Court of Australia Act 1976 (Cth) s 33N Trade Practices Act 1974 (Cth) s 52 Life Insurance Act 1945 (Cth) s 100

Australian Broadcasting Commission v Australian Performing Right Association Ltd (1973) 129 CLR 99 followed Hide & Skin Trading v Oceanic Meat (1990) 20 NSWLR 310 followed Watson v Phipps (1985) 63 ALR 321 referred to Fitzgerald v Masters (1956) 95 CLR 420 referred to Westpac Banking Corporation v Tanzone Pty Limited [2000] NSWCA 25 referred to Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 followed B.P. Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 followed CHIMAN LAL VASRAM v AMP LIFE LIMITED NG 667 OF 2000 STONE J 22 DECEMBER 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: 22 DECEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The following questions be decided separately from any other question in the proceeding: (i) Do the express terms of policy number H2000097 issued to the applicant and having a commencement date of 25 June 1988, upon their proper construction contain a term or give rise to a representation that the policyholder would remain entitled to deal either with Chiman Vasram Pty Ltd as agent for the Australian Mutual Provident Society or with an agent of the policyholder's choice; (ii) Do the express terms of policy number H2000097 issued to the applicant and having a commencement date of 25 June 1988, upon their proper construction contain a term or give rise to a right of the insured to have the policy when lapsed reinstated or considered for reinstatement. 2. The questions referred to in order (1) above be answered: (i) No, (ii) No. 3. The proceeding no longer continue under Part IVA of the Federal Court of Australia Act 1976 (Cth).