Wigmans v AMP Ltd

Case

[2018] NSWSC 1118

12 July 2018


Details
AGLC Case Decision Date
Wigmans v AMP Ltd [2018] NSWSC 1118 [2018] NSWSC 1118 12 July 2018

CaseChat Overview and Summary

The applicants, Wigmans, sought an injunction against AMP Ltd, restraining the respondents from making any application in certain Federal Court proceedings regarding the conduct of the applicants' Supreme Court proceedings. The application also sought to prevent the respondents from taking further steps in relation to the conduct of those Federal Court proceedings. The case was heard in the Supreme Court of New South Wales.

The central legal issue before the court was whether the applicants were entitled to an injunction preventing the respondents from making an application in the Federal Court proceedings regarding the conduct of the Supreme Court proceedings. The court had to consider the appropriate circumstances in which such an injunction would be granted and the balance of convenience in favour of the applicants.

The court dismissed the notice of motion by consent. Both parties agreed that no further steps should be taken in relation to the conduct of the Federal Court proceedings. Consequently, the court made no order as to costs. The dismissal by consent indicates that both parties reached a mutual understanding regarding the proceedings and did not require the court to make a determination on the merits of the application.

No final orders were made by the court as the matter was dismissed by consent. The dismissal by consent signifies that the parties had resolved their differences and did not require the court to issue any specific orders.
Details

Areas of Law

  • Equitable Estoppel

Legal Concepts

  • Injunction

  • Equitable Estoppel

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Cases Citing This Decision

34

Wigmans v AMP Ltd [2021] HCA 7
Aarons & Aarons [2021] FamCA 530
Aarons & Aarons [2021] FamCA 530
Cases Cited

7

Statutory Material Cited

1

Wigmans v AMP Ltd [2018] NSWSC 1045
Cited Sections