Wileypark Pty Ltd v AMP Limited

[2018] FCA 1052

FEDERAL COURT OF AUSTRALIA

Wileypark Pty Ltd v AMP Limited [2018] FCA 1052

File number(s):

VID 535 of 2018
NSD 878 of 2018
VID 670 of 2018
VID 680 of 2018

Judge(s):

LEE J

Date of judgment:

11 July 2018

Catchwords:

REPRESENTATIVE PROCEEDINGS – competing class actions – applications made to transfer four class actions to Supreme Court of New South Wales – case management orders made and hearing date fixed by docket judge in accordance with Practice Note to allow for the hearing of transfer applications in the Federal Court – subsequent applications made in the state court heard and determined in advance of existing listing in the Federal Court – potential anti-suit injunction would prevent compliance with existing orders of the Federal Court and the docket judge receiving submissions from interested applicant parties on the exercise of his discretion to transfer – directions made to inform the Court as to whether applicants in the Federal Court proceedings propose to bring an application to preserve the status quo so as to facilitate the hearing of any such applications potentially by a Full Court in the original jurisdiction  

Legislation:

Federal Court of Australia Act 1976 (Cth), s 20(1A)

Jurisdictions of Courts (Cross-Vesting) Act 1987 (Vic) s 5

Class Actions Practice Note (GPN-CA)

Cases cited:

Pegasus Leasing Ltd v Cadoroll Pty Ltd (1996) 59 FCR 152

Perera v GetSwift Limited [2018] FCA 732

Santos Ltd v Helix Energy Services Pty Ltd [2009] VSC 282; (2009) 28 VR 595

Wigmans v AMP Ltd [2018] NSWSC 1045

Heydon JD, Leeming MJ and Turner PG, Meagher, Gummow and Lehane’s Equity: Doctrines and Remedies (5th ed, LexisNexis Butterworths, 2015)

Date of hearing:

11 July 2018

Registry:

New South Wales

Division:

General Division

National Practice Area:

Commercial and Corporations

Sub-area:

Corporations and Corporate Insolvency

Category:

Catchwords

Number of paragraphs:

19

Counsel for the Applicant in VID 535 of 2018:

Mr W A D Edwards

Solicitor for the Applicant in VID 535 of 2018:

Phi Finney McDonald

Counsel for the Applicant in NSD 878 of 2018:

Mr J S Burnett

Solicitor for the Applicant in NSD 878 of 2018:

Shine Lawyers

Counsel for the Applicant in VID 670 of 2018:

Mr R J Weber SC

Solicitor for the Applicant in VID 670 of 2018:

Slater & Gordon

Counsel for the Applicant in VID 680 of 2018:

Mr G Donnellan

Solicitor for the Applicant in VID 680 of 2018:

Maurice Blackburn

Counsel for the Respondent:

Mr Finch SC, Mr I Ahmed and Ms Bathurst

Solicitor for the Respondent:

Herbert Smith Freehills

ORDERS

VID 535 of 2018

BETWEEN:

WILEYPARK PTY LTD

Applicant

AND:

AMP LIMITED ACN 079 354 519

Respondent

JUDGE:	LEE J
DATE OF ORDER:	11 JULY 2018

THE COURT ORDERS THAT:

1.The applicant inform the Court by 4.00 pm on 13 July 2018 as to whether any application is proposed to be made to preserve the status quo pending the current hearing of the Transfer Applications as ordered by Middleton J.

Note:    Entry of orders is…