Wigmans v AMP Limited [2018] NSWSC 1118

Supreme Court New South Wales

Medium Neutral Citation: Wigmans v AMP Limited [2018] NSWSC 1118 Hearing dates: 12 July 2018 Date of orders: 12 July 2018 Decision date: 12 July 2018 Before: Ward CJ in Eq Decision: 1. Make orders in accordance with the Consent Orders initialled and dated today and placed with the Court papers: The Court notes that: (i) The plaintiff and each of the FCA Class Action Applicants have undertaken to each other and the Court that, until 7 days after the determination of the defendant's applications to transfer the Federal Court Proceedings to this Court, they will not make or move upon any application or other court process for anti-suit relief (whether an anti-suit injunction, anti-anti-suit injunction, or anti-anti-anti-suit injunction) with respect to the conduct of their respective proceedings against AMP Limited. (ii) The plaintiff will not make or move upon any application in this proceeding for a common fund order or orders for the distribution of an opt out notice without first providing 7 days' notice to each of the FCA Class Action Applicants. (iii) The undertaking in paragraph (i) does not prevent any FCA Class Action Applicant from seeking anti-suit relief to prevent the plaintiff from continuing to seek a common fund order or orders for the distribution of an opt out notice. (iv) The plaintiff will send an agreed communication to the Associate to Stevenson J to the effect that the plaintiff does not seek that its anti-suit application filed on 14 June 2018 be determined until after the expiry of seven days from the determination of the defendant's applications to transfer the Federal Court Proceedings to this Court. 2. The Court orders that the plaintiff's notice of motion filed on 12 July 2018 is dismissed with no order as to costs. Catchwords: EQUITY – Equitable remedies – Injunctions – Application for injunction restraining the applicants in certain Federal Court proceedings from making an application in those proceedings in relation to the conduct of these Supreme Court proceedings and from taking any further step in relation to the conduct of those Federal Court proceedings – Notice of motion dismissed by consent with no order as to costs Legislation Cited: Corporations Act 2001 (Cth), s 1337H Cases Cited: Commandate Marine Corporation v Pan Australia Shipping Pty Limited (2006) 157 FCR 45; [2006] FCAFC 192 CSR Limited v Cigna Insurance Australia Limited (1997) 189 CLR 345; [1997] HCA 33 Santos Limited v Helix Energy Services Pty Limited (2009) 28 VR 595; [2009] VSC 282 Wigmans v AMP Limited [2018] NSWSC 1045 Category: Procedural and other rulings Parties: Marion Antoinette Wigmans (Plaintiff) AMP Limited (Defendant) Komlotex Pty Ltd (Interested Party) Andrew Georgiou (Interested Party) Wileypark Pty Ltd (Interested Party) Representation: Counsel: A Hochroth and P Meagher (Plaintiff) E Bathurst (Defendant) B Slade (solicitor) (Komlotex Pty Ltd)