Insurance Australia Limited [2004] FCA 524

FEDERAL COURT OF AUSTRALIA

Insurance Australia Limited [2004] FCA 524 CORPORATIONS – application for Court's confirmation of scheme by which part of insurance business of a general insurance company is transferred to another general insurance company – transfer of compulsory third party motor accident part of insurer's business to that insurer's parent – requirement of s 17C(2) of Insurance Act 1973 (Cth) that application for confirmation may not be 'made' unless conditions set out in that subsection have been satisfied – requirement of s 17E(2) of Act that application for confirmation must be 'made' in accordance with prudential standards of Australian Prudential Regulation Authority – whether word 'made' refers to filing of form of application in Court Registry or to hearing of application – whether expression 'affected policyholder' in s 17C extends to include (a) holders of other policies issued by 'transferor insurer' which are not being transferred under the scheme, and (b) existing holders of policies issued by 'transferee insurer' – whether non-compliance with s 17C goes to Court's jurisdiction – discretionary considerations – whether order should be made under s 190(1) of Evidence Act 1995 (Cth) permitting hearsay evidence to be adduced on final hearing. INSURANCE – application for Court's confirmation of scheme by which part of insurance business of a general insurance company is transferred to another general insurance company – transfer of compulsory third party motor accident part of insurer's business to that insurer's parent – requirement of s 17C(2) of Insurance Act 1973 (Cth) that application for confirmation may not be 'made' unless conditions set out in that subsection have been satisfied – requirement of s 17E(2) of Act that application for confirmation must be 'made' in accordance with prudential standards of Australian Prudential Regulation Authority – whether word 'made' refers to filing of form of application in Court Registry or to hearing of application – whether expression 'affected policyholder' in s 17C extends to include (a) holders of other policies issued by 'transferor insurer' which are not being transferred under the scheme, and (b) existing holders of policies issued by 'transferee insurer' – whether non-compliance with s 17C goes to Court's jurisdiction – discretionary considerations – whether order should be made under s 190(1) of Evidence Act 1995 (Cth) permitting hearsay evidence to be adduced on final hearing. WORDS AND PHRASES – 'affected policyholder' – 'made' Insurance Act 1973 (Cth) ss 17C, 17E Evidence Act 1995 (Cth) s 190 Re Armstrong Jones Life Assurance Ltd (1997) 74 FCR 160 followed Re Royal & Sun Alliance Life Assurance Ltd (2000) 104 FCR 37 followed Martin v Greig [1912] VLR 254 cited Ampol Ltd v Caltex Oil (Australia) Pty Ltd [1984] 2 NSWLR 678 cited Roberts v Repatriation Commission (1992) 39 FCR 420 cited Tallon (1993) 67 A CrimR 40 cited In re Reynolds [1967] Tas SR (NC) N4 cited