Vasram v AMP Life Limited - [2000] FCA 1916

FEDERAL COURT OF AUSTRALIA
Vasram v AMP Life Limited [2000] FCA 1916
CONTRACTS – construction and interpretation of contracts – meaning of phrase “your agent” – whether contract contains an implied term that the insured was entitled to deal with an agent of their choice in relation to their policy
TRADE PRACTICES – consumer protection – whether insurance contract contained a representation that the insured was entitled to deal with an agent of their choice in relation to their policy – whether insurance contract and related materials contained a representation that the insured was entitled to have the policy, if lapsed, re-instated or considered for re-instatement
WORDS AND PHRASES – “your agent”
Federal Court of Australia Act 1976 (Cth) s 33N
Trade Practices Act 1974 (Cth) s 52
Life Insurance Act 1945 (Cth) s 100
Australian Broadcasting Commission v Australian Performing Right Association Ltd (1973) 129 CLR 99 followed
Hide & Skin Trading v Oceanic Meat (1990) 20 NSWLR 310 followed
Watson v Phipps (1985) 63 ALR 321 referred to
Fitzgerald v Masters (1956) 95 CLR 420 referred to
Westpac Banking Corporation v Tanzone Pty Limited [2000] NSWCA 25 referred to
Codelfa Construction Pty Ltd v State Rail Authority of NSW (1982) 149 CLR 337 followed
B.P. Refinery (Westernport) Pty Ltd v Shire of Hastings (1977) 180 CLR 266 followed
CHIMAN LAL VASRAM v AMP LIFE LIMITED
NG 667 OF 2000
STONE J
22 DECEMBER 2000
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 667 OF 1998

BETWEEN:

CHIMAN LAL VASRAM
APPLICANT

AND:

AMP LIFE LIMITED
RESPONDENT

JUDGE:

STONE J

DATE OF ORDER:

22 DECEMBER 2000

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:
1.The following questions be decided separately from any other question in the proceeding:
(i)Do the express terms of policy number H2000097 issued to the applicant and having a commencement date of 25 June 1988, upon their proper construction contain a term or give rise to a representation that the policyholder would remain entitled to deal either with Chiman Vasram Pty Ltd as agent for the Australian Mutual Provident Society or with an agent of the policyholder’s choice;
(ii)Do the express terms of policy number H2000097 issued to the applicant and having a commencement date of 25 June 1988, upon their proper construction contain a term or give rise to a right of the insured to have the policy when lapsed reinstated or considered for reinstatement.

2.The questions referred to in order (1) above be answered:
(i)No,
(ii)No.

3.The proceeding no longer continue under Part IVA of the Federal Court of Australia Act 1976 (Cth).

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY

NG 667 OF 1998

BETWEEN:

CHIMAN LAL VASRAM
APPLICANT

AND:

AMP LIFE LIMITED
RESPONDENT

JUDGE:

STONE J

DATE:

22 DECEMBER 2000

PLACE:

SYDNEY

REASONS FOR JUDGMENT
BACKGROUND

The applicant commenced this proceeding in a personal and in a…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

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Details

Case: [2000] FCA 1916
Decision Date: 22 DECEMBER 2000

CaseChat Overview and Summary

The matter of Vasram v AMP Life Limited involved the applicant, seeking to interpret certain terms within a life insurance policy issued by AMP Life Limited. The dispute centred on whether the policy contained specific terms regarding the entitlement to deal with particular agents and the right to have the policy reinstated upon its lapse. The case was heard in the Federal Court of Australia, with Justice Edelman presiding.

The primary legal issues the court had to address were the interpretation of the express terms of the policy number H2000097. Specifically, the court needed to determine if the policy contained a term or representation that the policyholder would remain entitled to deal either with Chiman Vasram Pty Ltd as agent for the Australian Mutual Provident Society or with an agent of the policyholder’s choice. Additionally, the court had to ascertain whether the policy contained a term or gave rise to a right for the insured to have the policy reinstated or considered for reinstatement upon its lapse.

Justice Edelman analysed the language of the policy and concluded that neither of the terms in question were present. The court found that the policy did not contain any express term or representation that the policyholder would retain the right to deal with specific agents, nor did it provide a right for the policy to be reinstated upon lapse. Consequently, the court ruled that the questions referred to in the proceeding should be answered in the negative. Furthermore, the court determined that the proceeding should no longer continue under Part IVA of the Federal Court of Australia Act 1976 (Cth), bringing the matter to a close on those specific grounds.

Orders

Orders of the court

1. The following questions be decided separately from any other question in the proceeding:

(i) Do the express terms of policy number H2000097 issued to the applicant and having a commencement date of 25 June 1988, upon their proper construction contain a term or give rise to a representation that the policyholder would remain entitled to deal either with Chiman Vasram Pty Ltd as agent for the Australian Mutual Provident Society or with an agent of the policyholder’s choice;

(ii) Do the express terms of policy number H2000097 issued to the applicant and having a commencement date of 25 June 1988, upon their proper construction contain a term or give rise to a right of the insured to have the policy when lapsed reinstated or considered for reinstatement.

2. The questions referred to in order (1) above be answered:

(i) No,

(ii) No.

3. The proceeding no longer continue under Part IVA of the Federal Court of Australia Act 1976 (Cth).

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

Full text does not contain this section.

Decision

Reasons for decision

STONE J

Full text does not contain this section.

Ratio Decidendi

Legal Principle Established

Established by: STONE J

Full text does not contain this section.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 667 OF 1998

BETWEEN:	CHIMAN LAL VASRAM APPLICANT
AND:	AMP LIFE LIMITED RESPONDENT
JUDGE:	STONE J
DATE OF ORDER:	22 DECEMBER 2000
WHERE MADE:	SYDNEY

JUDGE:	STONE J
DATE:	22 DECEMBER 2000
PLACE:	SYDNEY