Leung v American International Assurance Company (Australia) Limited [2004] FCA 1763

FEDERAL COURT OF AUSTRALIA

Leung v American International Assurance Company (Australia) Limited [2004] FCA 1763 PRACTICE & PROCEDURE – representative proceeding – Part IVA of Federal Court of Australia Act – similar representations alleged to have been given by respondent to each applicant - similar or related circumstances – substantial common issue of law or fact – order that the proceeding no longer continue as representative proceeding in the interests of justice

Federal Court of Australia Act, ss 33C, 33H Bright v Femcare Limited [2001] 188 ALR 633 Wong v Silkfield Pty Limited [1999] 165 ALR 373 Philip Morris Australia Limited v Nixon [1999] 170 ALR 487 Zhang v The Minister for Immigration, Local Government and Ethnic Affairs (1993) 45 FCR 384 LEUNG v AMERICAN INTERNATIONAL ASSURANCE COMPANY (AUSTRALIA) LIMITED N 1497 OF 2003 HILL J 16 DECEMBER 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1497 OF 2003

BETWEEN: LEUNG

APPLICANT

AND: AMERICAN INTERNATIONAL ASSURANCE COMPANY (AUSTRALIA) LIMITED

RESPONDENT

JUDGE: HILL J

DATE OF ORDER: 16 DECEMBER 2004

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The application no longer continue under Part IVA of the Federal Court of Australia Act 1976, and that each applicant conduct a separate proceeding. 2. The applicants each file and serve amended applications and statements of claim by 21 January 2005. 3. The respondent file and serve its defences by 4 February 2005. 4. The proceedings be stood over for further directions and the hearing of any motions on 7 February 2005 at 9.30am. 5. The respondents in the motion (the applicants in the proceedings) pay the costs on the motion of the applicant in the motion (the respondent in the proceedings). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.