Supreme Court
New South Wales
- Summary available
Medium Neutral Citation: Wigmans v AMP Ltd [2018] NSWSC 1045 Hearing dates: 28 June 2018; further written submissions received 2, 3 & 4 July 2018 Decision date: 09 July 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application to transfer these proceedings to the Federal Court of Australia is refused
Catchwords: CIVIL PROCEDURE – jurisdiction – transfers to and from other courts – s 1337H Corporations Act 2001 (Cth) – multiple class actions – where four class actions arising from same facts pending in Federal Court – whether these proceedings should be transferred to the Federal Court – whether court to make an anti-suit injunction Legislation Cited: Civil Procedure Act 2005 (NSW)
Corporations Act 2001 (Cth)
Federal Court of Australia Act 1976 (Cth)
Judiciary Act 1903 (Cth)
Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth)
Uniform Civil Procedure Rules 2005 (NSW)Cases Cited: Commonwealth of Australia v Mewett (1995) 59 FCR 391
CSR Ltd v Cigna Insurance Australia Ltd [1997] HCA 33; (1997) 189 CLR 345
Santos Ltd v Helix Energy Services Pty Ltd [2009] VSC 282; (2009) 28 VR 595
Smith v Australian Executor Trustees Ltd [2016] NSWSC 17Category: Procedural and other rulings Parties: Marion Antoinette Wigmans (Plaintiff)
AMP Limited (Defendant)
Komlotex Pty Ltd (Applicant)
Andrew Georgiou (Applicant)
Wileypark Pty Ltd (Applicant)
Fernbrook (Aust) Investment Pty Ltd (Applicant)Representation: Counsel:
Solicitors:
J C Sheahan QC with A Hochroth and P Meagher (Plaintiff)
S G Finch SC with I J M Ahmed and E Bathurst (Defendant)
C Moore SC with G Donnellan (Komlotex Pty Ltd Applicant)
I R Pike SC with J Burnett (Andrew Georgiou Applicant)
W A D Edwards with D J Fahey (Wileypark Pty Ltd Applicant)
R J Weber SC with R Howe (Fernbrook (Aust) Investment Pty Ltd Applicant)
Quinn Emanuel Urquhart & Sullivan (Plaintiff)
Herbert Smith Freehills (Defendant)
Maurice Blackburn (Komlotex Pty Ltd Applicant)
Shine Lawyers (Andrew Georgiou Applicant)
Phi Finney McDonald (Wileypark Pty Ltd Applicant)
Slater Gordon (Fernbrook (Aust) Investment Pty Ltd Applicant)
File Number(s): SC 2018/145792
Judgment
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Five open class securities class actions have been commenced against AMP Limited.
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The proceedings in this Court were commenced on 9 May 2018 by Ms Marion Wigmans. The four remaining proceedings were commenced in the Federal Court of Australia between 9 May 2018 (hours after these proceedings) and 7 June 2018. The Federal Court applicants are Komlotex Pty Ltd, Mr Andrew Georgiou, Wileypark Pty Ltd and Fernbrook (Aust) Investments Pty Ltd.
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Each plaintiff/applicant seeks compensation for loss said to arise from misleading or deceptive conduct of AMP. That conduct is said to have been revealed at the Royal Commission into Misconduct in the Banking, Superannuation and Financial Services Industry on 16 and 17 April 2018 and to have led to a substantial fall in AMP’s share price on 17 April 2018.
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The applicants contend that they, and the members of the classes they represent, have suffered loss by reason of purchasing shares in AMP in a specified…
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- AGLC
- Wigmans v AMP Ltd [2018] NSWSC 1045
- Case
- [2018] NSWSC 1045
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether the proceedings should be transferred to the Federal Court pursuant to section 1337H of the Corporations Act 2001 (Cth), given that there were four class actions arising from the same facts pending in the Federal Court. The court also had to determine if it should make an anti-suit injunction against the other class actions.
The court considered the nature of the proceedings and the potential for multiplicity of suits. It found that the four class actions were indeed related and arose from the same set of facts. The court held that it was appropriate to transfer the proceedings to the Federal Court to avoid unnecessary duplication and to ensure consistency in the application of the law. Additionally, the court refused to make an anti-suit injunction, considering it inappropriate in the circumstances of this case. The court's reasoning was based on the need to streamline the litigation process and to avoid fragmenting the resolution of related legal issues across multiple courts.
The final orders of the court included the transfer of the proceedings to the Federal Court and the refusal to make an anti-suit injunction. This decision aimed to facilitate a more efficient and coherent judicial process in resolving the matters at hand.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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