Wigmans v AMP Ltd (No 3)

The case of Wigmans v AMP Ltd (No 3) involved the plaintiff, Wigmans, and the defendant, AMP Ltd. The dispute was primarily concerned with the power of the court to make a costs order against group members in representative proceedings. Additionally, the case addressed the broader issue of whether the court could order costs against a party who was not a party to the proceeding. The case was heard in the Federal Court of Australia. The plaintiff, Wigmans, sought to represent a group of policyholders against AMP Ltd in a class action proceeding. The legal issues before the court were whether the court had the authority to make a costs order against the group members and whether the court could order costs against a party who was not a party to the proceeding.

The court held that the power to make a costs order against group members in representative proceedings was limited to cases where the group members had acted unreasonably or in bad faith. The court found that the group members in this case had not acted unreasonably or in bad faith, and therefore, the court could not make a costs order against them. The court also held that the power to order costs against a party who was not a party to the proceeding was discretionary and should only be exercised in exceptional circumstances. The court found that the circumstances of this case did not warrant the exercise of this discretion, and therefore, the court could not order costs against the non-party. The court ultimately dismissed the plaintiff’s application for costs.