Wigmans v AMP Ltd

The New South Wales Court of Appeal, constituted by Macfarlan, Leeming and White JJA, considered an appeal by Ms Wigmans against orders made by the primary judge. The dispute concerned applications made by Komlotex and Fernbrook (the respondents) in proceedings brought by Ms Wigmans.

The Court was required to determine whether the primary judge erred in dismissing Ms Wigmans’ notice of motion and in making certain orders in favour of the respondents. Specifically, the appeal concerned the setting aside of orders made by the primary judge on 8 May 2020, and the dismissal of a notice of motion filed by Komlotex and Fernbrook on 27 April 2020.

The Court allowed the appeal, finding that the primary judge had erred. The Court set aside the order dismissing Ms Wigmans’ notice of motion and the subsequent orders made in favour of the respondents. In lieu of those orders, the Court dismissed the respondents' notice of motion dated 27 April 2020 and set aside various earlier orders made by the primary judge. The respondents were ordered to pay Ms Wigmans’ costs of the appeal and of the relevant notices of motion.