Wigmans v AMP Ltd [2018] NSWSC 1045

Supreme Court New South Wales

Medium Neutral Citation: Wigmans v AMP Ltd [2018] NSWSC 1045 Hearing dates: 28 June 2018; further written submissions received 2, 3 & 4 July 2018 Decision date: 09 July 2018 Jurisdiction: Equity - Commercial List Before: Stevenson J Decision: Application to transfer these proceedings to the Federal Court of Australia is refused Catchwords: CIVIL PROCEDURE – jurisdiction – transfers to and from other courts – s 1337H Corporations Act 2001 (Cth) – multiple class actions – where four class actions arising from same facts pending in Federal Court – whether these proceedings should be transferred to the Federal Court – whether court to make an anti-suit injunction Legislation Cited: Civil Procedure Act 2005 (NSW) Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Commonwealth of Australia v Mewett (1995) 59 FCR 391 CSR Ltd v Cigna Insurance Australia Ltd [1997] HCA 33; (1997) 189 CLR 345 Santos Ltd v Helix Energy Services Pty Ltd [2009] VSC 282; (2009) 28 VR 595 Smith v Australian Executor Trustees Ltd [2016] NSWSC 17 Category: Procedural and other rulings Parties: Marion Antoinette Wigmans (Plaintiff) AMP Limited (Defendant) Komlotex Pty Ltd (Applicant) Andrew Georgiou (Applicant) Wileypark Pty Ltd (Applicant) Fernbrook (Aust) Investment Pty Ltd (Applicant) Representation: Counsel: J C Sheahan QC with A Hochroth and P Meagher (Plaintiff) S G Finch SC with I J M Ahmed and E Bathurst (Defendant) C Moore SC with G Donnellan (Komlotex Pty Ltd Applicant) I R Pike SC with J Burnett (Andrew Georgiou Applicant) W A D Edwards with D J Fahey (Wileypark Pty Ltd Applicant) R J Weber SC with R Howe (Fernbrook (Aust) Investment Pty Ltd Applicant)