Royal Globe Life Assurance Co Ltd v Colonial Mutual Life Assurance Society Ltd [1979] FCA 20
Section 73 applies broadly and prohibits transfers unless a scheme is confirmed by the court, and all procedural safeguards have been met in this case.
- Parties
- Company: Royal-Globe Life Assurance Co. Limited; Company: Colonial Mutual Assurance Society Limited
- Jurisdiction
- Australia
- Judgment Date
- 22 December 1979
- Procedural Posture
- Scheme Confirmation Application / Judgment
- Outcome
- scheme confirmed
- Legal Topics
- Life Insurance, Scheme of Transfer, Statutory Interpretation
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 2 Authorities cited 2 Party arguments 1
Parties
Royal-Globe Life Assurance Co. Limited
Company
Colonial Mutual Assurance Society Limited
Company
Procedural Posture
Scheme Confirmation Application / Judgment
Legal Issues
- 1 Does section 73 of the Life Insurance Act 1945 apply to companies carrying on life assurance business both in and out of Australia?
- 2 Is the transfer of life assurance business permissible without a court-confirmed scheme according to Division 9 of the Act?
Ratio Decidendi
Section 73 applies broadly and prohibits transfers unless a scheme is confirmed by the court, and all procedural safeguards have been met in this case.
Court Disposition
scheme confirmed
Orders
- The scheme submitted and approved is confirmed by the court.
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment