Bell P at [1]; Macfarlan JA at [101]; Meagher JA and Payne JA at [102]; White JA at [111]
Decision:
1. Grant leave to appeal in respect of ground 1 of the draft notice of appeal.
2. Refuse leave to appeal in respect of grounds 2 and 3 of the draft notice of appeal.
3. Dismiss the appeal.
4. Order the appellant pay the costs of the application for leave to appeal and the appeal.
Catchwords:
CIVIL PROCEDURE – representative proceedings – multiplicity of proceedings – competing proceedings brought in single forum by various plaintiffs against the same defendant – where the plaintiffs sought permanent stays of one another’s proceedings – where stay granted against all but the last-commenced proceeding – whether bringing subsequent proceedings constitutes an abuse of process
[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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AGLC
Wigmans v AMP Ltd [2019] NSWCA 243
Case
[2019] NSWCA 243
Decision Date
CaseChat Overview and Summary
The proceeding before the Court of Appeal of New South Wales involved Wigmans (the appellant) and AMP Ltd (the respondent). Wigmans sought to appeal a decision that had granted a permanent stay against its representative proceeding, which had been commenced after other representative proceedings had already been initiated by different plaintiffs against the same defendant concerning substantially the same subject matter. The core of the dispute concerned whether the commencement of subsequent representative proceedings, when earlier proceedings were already on foot, constituted an abuse of process justifying a stay.
The primary legal issue before the Court of Appeal was whether the primary judge had erred in granting a permanent stay of Wigmans' representative proceeding. This required the Court to consider the principles governing the management of multiple, competing representative proceedings brought in the same forum against the same defendant, and in particular, whether the bringing of a later proceeding could be considered an abuse of process, thereby warranting a stay of that proceeding in favour of an earlier one.
The Court of Appeal reasoned that the primary judge had correctly applied the established principles for managing competing representative proceedings. It was held that where multiple representative proceedings are commenced in the same court against the same defendant concerning substantially the same cause of action, the court has a broad discretion to manage those proceedings to prevent an abuse of process and ensure efficiency. The Court affirmed that the commencement of a subsequent proceeding, when an earlier one is already progressing, can, in certain circumstances, constitute an abuse of process, particularly if it is seen as an attempt to circumvent the progress or potential advantages of the earlier proceeding. The Court found no error in the primary judge's exercise of discretion to stay Wigmans' proceeding, which was the last commenced of the competing actions.
Consequently, the Court of Appeal granted leave to appeal in respect of one ground but refused leave in respect of two others, ultimately dismissing the appeal and ordering the appellant to pay the costs of the application for leave to appeal and the appeal.
Orders
Orders of the court
1. Grant leave to appeal in respect of ground 1 of the draft notice of appeal.
2. Refuse leave to appeal in respect of grounds 2 and 3 of the draft notice of appeal.
3. Dismiss the appeal.
4. Order the appellant pay the costs of the application for leave to appeal and the appeal.