Metlife Insurance Ltd v Visy Board Pty Ltd & 25 ors [2007] NSWSC 1168

Metlife Insurance Ltd v Visy Board Pty Ltd & 25 ors [2007] NSWSC 1168

Expedition was refused because the application was made to overtake an imminent FICS determination in a complaint forum to which Metlife had submitted by membership, after the fourth defendant had chosen that forum and the parties had litigated there for about two years, including on the rectification issues. It was not appropriate for the Court, at the last minute, to expedite a later-filed rectification suit to prevent the FICS proceeding from running its course.

Jurisdiction
Australia
Judgment Date
24 August 2007
Procedural Posture
Equity Division Proceeding Seeking Rectification of a Group Disability Policy / Application for Expedition and Directions in the Expedition List
Outcome
Expedition not granted. Directions made.
Legal Topics
['expedition' 'rectification' 'group Disability Policy' 'salary Continuance Insurance Benefits' 'total and Permanent Disablement Benefits' 'financial Industry Complaints Service']
['procedure' 'insurance' 'equity'] ['expedition' 'rectification' 'group Disability Policy' 'salary Continuance Insurance Benefits' 'total and Permanent Disablement Benefits' 'financial Industry Complaints Service']

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Procedural Posture

Equity Division Proceeding Seeking Rectification of a Group Disability Policy / Application for Expedition and Directions in the Expedition List

Legal Issues

  1. 1 ['Whether the Court should expedite the rectification proceeding so that it could be decided before the Financial Industry Complaints Service determined the related complaint.' 'Whether it was appropriate to give the Court proceeding priority for the purpose of preventing a proceeding in another appropriate jurisdiction from running its course.']

Ratio Decidendi

Expedition was refused because the application was made to overtake an imminent FICS determination in a complaint forum to which Metlife had submitted by membership, after the fourth defendant had chosen that forum and the parties had litigated there for about two years, including on the rectification issues. It was not appropriate for the Court, at the last minute, to expedite a later-filed rectification suit to prevent the FICS proceeding from running its course.

Court Disposition

Expedition not granted. Directions made.

Orders

  • ['The fourth to twenty-sixth defendants are to notify the plaintiff and the first to third defendants of categories of documents for discovery by 29 August 2007.' 'The plaintiff and the first to third defendants are to give discovery with verification of those categories by 5 September 2007.' 'Liberty to apply is...