King v GIO Australia Holdings Ltd

FEDERAL COURT OF AUSTRALIA

King v GIO Australia Holdings Limited [2000] FCA 1869

PRACTICE AND PROCEDURE – representative proceedings – form of opt out notice

Federal Court of Australia Act 1976 (Cth), ss 33J, 33X, 33Y
Federal Court Rules, O 73 r 6

Femcare Ltd v Bright (2000) 100 FCR 331, referred to
King v GIO Holdings Ltd [2000] FCA 1543, considered
Australian Competition and Consumer Commission v Chats House Investments Pty Ltd (1996) 71 FCR 250, referred to
Johnson Tiles Pty Ltd v Esso Australia Ltd [1999] 94 FCR 167, referred to

SHANE ROBERT KING v GIO AUSTRALIA HOLDINGS LTD (ACN 054 573 401), GRANT SAMUEL & ASSOCIATES PTY LIMITED (ACN 050 036 372), DAVID MORTIMER, BRUCE HOGAN, STEWART STEFFEY, RONALD ASHTON, MARINA DARLING, ANDREW KALDOR, LLOYD LANGE, DAVID O’HALLARAN AND IAN POLLARD

N 955 OF 1999

MOORE J
20 DECEMBER 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 955 OF 1999

BETWEEN:

SHANE ROBERT KING
APPLICANT

AND:

GIO AUSTRALIA HOLDINGS LIMITED
(ACN 054 573 401)
FIRST RESPONDENT

GRANT SAMUEL & ASSOCIATES PTY LIMITED
(ACN 050 036 372)
SECOND RESPONDENT

DAVID MORTIMER
THIRD RESPONDENT

BRUCE HOGAN
FOURTH RESPONDENT

STEWART STEFFEY
FIFTH RESPONDENT

RONALD ASHTON
SIXTH RESPONDENT

MARINA DARLING
SEVENTH RESPONDENT

ANDREW KALDOR
EIGHTH RESPONDENT

LLOYD LANGE
NINTH RESPONDENT

DAVID O’HALLARAN
TENTH RESPONDENT

IAN POLLARD
ELEVENTH RESPONDENT

JUDGE:

MOORE J

DATE OF ORDER:

20 DECEMBER 2000

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1. pursuant to s 33J of the Federal Court of Australia Act 1976 (“the Act”), 4pm on 23 February 2001 is fixed as the date by which a group member may opt out of these proceedings.

2. the form and content of the notice which is schedule 1 to these reasons (“the notice”) be approved for the purposes of s 33Y of the Act.

3.   the notice be sent by or on behalf of the applicant to all persons recorded as shareholders in the first respondent on the members register (“the register”) on 25 August 1998 who did not accept by 5 January 1999 the takeover offer by AMP Insurance Investment Holdings Pty Ltd.

4.   the notice be sent by ordinary post on or before 26 January 2001 to the address appearing on the register.

5.   a copy of the fourth further amended application and fourth further amended statement of claim be available for inspection at each District Registry during Registry hours in the period 26 January 2001 to 23 February 2001 inclusive.

6.   leave be given to any person to whom the notice is sent (or his or her legal representative) to inspect a copy of the fourth further amended application and fourth further amended statement of claim at a District Registry of the Court at the times and any of the places specified in the notice.

7.   a copy of the fourth further amended application and fourth further amended statement of claim be posted on the Internet web site provided by the Federal Court of…