Allstate Life Insurance Company & Ors v. Australia & New Zealand Banking Group Ltd & Ors. [1994] FCA 814

Allstate Life Insurance Company & Ors v. Australia & New Zealand Banking Group Ltd & Ors. [1994] FCA 814

Claims in tort for fraud and analogous claims under Part V of the Trade Practices Act are incapable of assignment under Australian law; therefore, the assignments alleged disclose no reasonable cause of action insofar as they depend on the effectiveness of assignment of these claims.

Parties
Applicants: Allstate Life Insurance Co. and others; Respondents: Australia New Zealand Banking Group Limited and others
Jurisdiction
Australia
Judgment Date
07 November 1994
Procedural Posture
Civil / Application to Strike Out Paragraphs of the Further Amended Statement of Claim
Outcome
Certain amended paragraphs were struck out; issue of choice of law and public policy raises a triable issue.
Legal Topics
Assignment of Choses in Action, Trade Practices Act Claims, Fraud, Private International Law, Tort Law
Commercial Law Conflict of Laws Equity Assignment of Choses in Action Trade Practices Act Claims Fraud Private International Law Tort Law

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 28 Party arguments 2 Amounts and remedies 10
Sign in to unlock

Parties

Allstate Life Insurance Co. and others

Applicants

Australia New Zealand Banking Group Limited and others

Respondents

Procedural Posture

Civil / Application to Strike Out Paragraphs of the Further Amended Statement of Claim

Legal Issues

  1. 1 Are claims in tort and analogous statutory claims under Part V of the Trade Practices Act capable of assignment under Australian law?
  2. 2 Does American law permit assignment of such claims?
  3. 3 Which law governs the assignability question: Australian domestic law or American law?

Ratio Decidendi

Claims in tort for fraud and analogous claims under Part V of the Trade Practices Act are incapable of assignment under Australian law; therefore, the assignments alleged disclose no reasonable cause of action insofar as they depend on the effectiveness of assignment of these claims.

Court Disposition

Certain amended paragraphs were struck out; issue of choice of law and public policy raises a triable issue.

Orders

  • No order as to costs.
  • Further hearing required on the form of orders in light of reasons.