Wigmans v AMP Ltd [2020] NSWCA 104

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Wigmans v AMP Ltd [2020] NSWCA 104 Hearing dates: 25 May 2020 Decision date: 04 June 2020 Before: Macfarlan JA; Leeming JA; White JA. Decision: 1. Grant leave to Ms Wigmans to appeal.

2. Direct Ms Wigmans to file a notice of appeal, in the form of the draft notice at tab 2 of the White Folder, within 7 days of today, and otherwise dispense with the requirements of service.

3. Appeal allowed.

4. Set aside order 1 made on 8 May 2020 (dismissing Ms Wigmans' notice of motion) and the orders made on 8 May 2020 and varied on 11 May 2020 on the notice of motion dated 27 April 2020 filed by Komlotex and Fernbrook.

5. In lieu thereof, dismiss the notice of motion dated 27 April 2020 and set aside orders 5-8 and 11-17 made on 12 March 2020 and all orders made on 9 April 2020.

6. The respondents to pay Ms Wigmans' costs of the appeal and of the notices of motion dated 21 and 27 April 2020. Category: Principal judgment Parties: Marion Antoinette Wigmans (Applicant) AMP Ltd (First Respondent) Komlotex Pty Ltd (Second Respondent) Fernbrook (Aust) Investments Pty Ltd (Third Respondent) Representation: Counsel: J T Gleeson SC, A M Hochroth (Applicant) E A Collins SC, I J M Ahmed (First Respondent) C A Moore SC, G Donnellan, A d'Arville (Second and Third Respondents)

Solicitors: Quinn Emanuel Urquhart & Sullivan (Applicant) Herbert Smith Freehills (First Respondent) Maurice Blackburn Lawyers (Second and Third Respondents) File Number(s): 2020/139924 Publication restriction: Nil Decision under appeal Court or tribunal: Supreme Court of New South Wales Jurisdiction: Equity Citation: [2020] NSWSC 504 Date of Decision: 08 May 2020 Before: Ward CJ in Eq File Number(s): 2018/310118