Komlotex Pty Ltd v AMP Limited (No 4) [2023] NSWSC 1378

Supreme Court New South Wales

Medium Neutral Citation: Komlotex Pty Ltd v AMP Limited (No 4) [2023] NSWSC 1378 Hearing dates: 14 November 2023 Date of orders: 14 November 2023 Decision date: 14 November 2023 Jurisdiction: Equity - Commercial List Before: Elkaim AJ Decision: See paragraph 22 Catchwords: CIVIL PROCEDURE — Representative proceedings — Court approval – where group members were persons who had acquired shares in AMP – where group members alleged they suffered loss or damage by reason of conduct engaged in by AMP – where success by the plaintiffs was not guaranteed – whether the settlement was fair and reasonable. Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 10, s 173, 179(a), 183 Court Suppression and Non-publication Orders Act 2010 (NSW), ss7(b), 8(1)(a) Cases Cited: Findlay v DSHE Holdings Ltd; Mastoris v DSHE Holdings Ltd; Mastoris v Allianz Australia Insurance Ltd [2021] NSWSC 249; (2021) 150 ACSR 535 Oasis Fund Management Limited and Royal Bank of Scotland NV & Ors [2012] NSWSC 532 Williams v FAI Home Security Pty Ltd (No 4) [2000] FCA 1925 Category: Procedural rulings Parties: Komlotex Pty Ltd (First Plaintiff) Fernbrook (Aust) Investments Pty Ltd (Second Plaintiff) AMP Limited (Defendant) David John Nichols (Interested Party 1) Shirley Baxter (Interested Party 2) Doris Reed (Interested Party 3) Anthony Krensel (Interested Party 4) Helen Judith Wong & Raymond Paul Wong (Interested Party 5) Peter James Barber (Interested Party 7) Representation: Counsel: Mr C Moore SC (Plaintiffs) Mr G Donnellan (Plaintiffs) Mr J Ahmed SC (Defendants)