Munich Reinsurance Company of Australasia Limited v AMP Limited [2024] NSWSC 950

Supreme Court New South Wales

Medium Neutral Citation: Munich Reinsurance Company of Australasia Limited v AMP Limited [2024] NSWSC 950 Hearing dates: 26 July 2024 Decision date: 05 August 2024 Jurisdiction: Equity - Commercial List Before: Ball J Decision: (1) Paragraphs 69-81 and 84-86 of the cross-claimant's amended statement of cross-claim filed on 22 April 2024 be struck out, together with prayer 2 of the relief claimed to the extent it seeks damages under s 55 of the Superannuation Industry (Supervision) Act 1993 (Cth); (2) The cross-claimant to pay the cross-defendants' costs of the cross-defendants' notice of motion filed on 5 July 2024; (3) Leave be granted to the plaintiff to file a further amended statement of claim in substantially the form of Annexure A to the plaintiff's notice of motion filed on 5 July 2024 excluding Part 14 of that annexure; (4) The plaintiff to pay the defendants' costs thrown away by reason of the amendments; (5) The plaintiff to pay the first, third, fourth, fifth and sixth defendants' costs of the plaintiff's notice of motion filed on 5 July 2024. (6) Stand the matter over for directions to 9 August 2024. Catchwords: CIVIL PROCEDURE — Pleadings — Amendment — Where applicant seeks to add claim under Superannuation Industry (Supervision) Act 1993 (Cth) — Section 55(3) — Whether causal connection exists between loss claimed by the applicant and alleged breach CIVIL PROCEDURE — Pleadings — Striking out — Tendency to cause prejudice, embarrassment or delay Legislation Cited: Australian Consumer Law Superannuation Industry (Supervision) Act 1993 (Cth) Trade Practices Act 1974 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Agar v Hyde (2000) 201 CLR 552; [2000] HCA 41 General Steel Industries Inc v Commissioner of Railways (NSW) (1964) 112 CLR 125; [1964] HCA 69 Janssen-Cilag Pty Ltd v Pfizer Pty Ltd (1992) 37 FCR 526; (1992) 109 ALR 638 Mills v Walsh [2022] NSWCA 255 Shaw v New South Wales [2012] NSWCA 102 SZTAL v Minister for Immigration and Border Protection (2017) 262 CLR 362; [2017] HCA 34 Category: Procedural rulings Parties: Munich Reinsurance Company of Australasia Limited (Plaintiff) AMP Limited (First Defendant) Resolution Life Australasia Limited (Second Defendant | First Cross Claimant) AMP Services Limited (Third Defendant | First Cross Defendant) AWM Services Pty Ltd (Fourth Defendant) AMP Superannuation Limited (Fifth Defendant) N.M. Superannuation Proprietary Limited (Sixth Defendant | Second Cross Defendant) Representation: Counsel: D Williams SC with J Pokoney (Plaintiff) AE Munro with K Sharma (First, Third to Sixth Defendants | First and Second Cross Defendants) T Marskell with E Doyle-Markwick (Second Defendant | First Cross Claimant)