Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AAI Limited, in the matter of AAI Limited [2012] FCA 1190 Citation: AAI Limited, in the matter of AAI Limited [2012] FCA 1190
Parties: AAI LIMITED (ACN 005 297 807)
File number: NSD 1309 of 2012
Judge: EMMETT J
Date of judgment: 11 October 2012
Legislation: Insurance Act 1973 (Cth) ss 17B, 17C(2)(c)
Date of hearing: 11 October 2012
Place: Sydney
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 26
Counsel for the applicant: Mr IM Jackman SC
Solicitor for the applicant: Allens
APRA representative: Mr Clayton
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1309 of 2012
AAI LIMITED (ACN 005 297 807)
Applicant
JUDGE: EMMETT J DATE OF ORDER: 11 OCTOBER 2012 WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. In relation to each of the following: (a) The proposed scheme for the transfer of the insurance business of Suncorp Metway Insurance Ltd (ACN 075 695 966) (SMIL) to AAI Limited (ACN 005 297 807) (AAI); (b) The proposed scheme for the transfer of the insurance business of GIO General Limited (ACN 002 861 583) (GIOG) to AAI; (c) The proposed scheme for the transfer of the insurance business of Australian Alliance Insurance Company Limited (ACN 006 471 709) (Australian Alliance Insurance) to AAI; and (d) The proposed scheme for the transfer of the insurance business of Australian Associated Motor Insurers Limited (ACN 004 791 744) (AAMI) to AAI, the need for the applicant to comply with s 17C(2)(c) of the Insurance Act 1973 (Cth) is dispensed with provided that the applicant complies with Order 2 below. 2. The applicant carry out the steps set out in paragraphs 23 to 51 of the affidavit of Karen Taylor affirmed on 8 October 2012. 3. During the course of January and February 2013, the applicant is to cause a notice, in substantially the form set out in annexure "KT5" to the affidavit of Karen Taylor affirmed on 8 October 2012, to be sent by email to those policyholders of SMIL, GIOG, Australian Alliance Insurance or AAMI: (a) whose email address has been collected by the Suncorp Group in connection with its policy administration functions; and (b) who, at the time the email is sent, hold a policy issued by SMIL, GIOG, Australian Alliance Insurance of AAMI, other than: i. those policies that are due to be renewed between 13 December 2012 and 15 March 2013; ii. policies issued by GIOG under the "AMP' or 'Resilium' brands; or iii. compulsory Third Party Insurance policies issued by SMIL or AAMI in Queensland, in each case to the most recent email address disclosed in the Suncorp Group's records. 4. The applicant pay the costs of the Australian Prudential Regulation Authority of this application as taxed or agreed. 5. These orders be entered forthwith. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011
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