Komlotex Pty Ltd v AMP Ltd (No 2) [2020] NSWSC 1149

Komlotex Pty Ltd v AMP Ltd (No 2) [2020] NSWSC 1149

The Court exercised its discretion to approve the opt out and registration regime because delay in the representative proceeding was unsatisfactory, progression toward mediation had utility, and the revised notices removed the vice identified by the Court of Appeal by making registration non-compulsory and not communicating any intention to extinguish unregistered claims. The Court declined to order provision of discovered or expert material to Ms Wigmans at this stage because her proceeding remained stayed, use of the material in that proceeding would raise Harman undertaking issues requiring a proper application for leave, and privileged expert material should not be ordered to be...

Jurisdiction
Australia
Judgment Date
26 August 2020
Procedural Posture
Civil Procedure; Representative Proceedings; Class Action Against AMP Limited / Application for Orders Under the Civil Procedure Act 2005 (nsw) Concerning Opt Out Notices, Claim Registration, Expert Evidence for Mediation, and Proposed Access to Documents by the Interested Party
Outcome
Orders made as per Annexure A; proposed additional orders 20 and 21 sought by Ms Wigmans were not made.
Legal Topics
['opt Out Notices' 'group Members' 'claim Registration' 'conduct of Representative Proceedings' 'harman Undertaking' 'privilege in Expert Reports' 'mediation Preparation']
['civil Procedure' 'representative Proceedings'] ['opt Out Notices' 'group Members' 'claim Registration' 'conduct of Representative Proceedings' 'harman Undertaking' 'privilege in Expert Reports' 'mediation Preparation']

Case Brief

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Procedural Posture

Civil Procedure; Representative Proceedings; Class Action Against AMP Limited / Application for Orders Under the Civil Procedure Act 2005 (nsw) Concerning Opt Out Notices, Claim Registration, Expert Evidence for Mediation, and Proposed Access to Documents by the Interested Party

Legal Issues

  1. 1 ["Whether orders should be made at this stage for issue of opt out and registration notices to group members notwithstanding Ms Wigmans' pending High Court appeal." 'Whether the proposed form of opt out notice and registration form should be amended as requested by Ms Wigmans.' 'Whether Ms Wigmans should now be provided with discovered documents, material on quantum and materiality, and expert material from the Komlotex proceeding.']

Ratio Decidendi

The Court exercised its discretion to approve the opt out and registration regime because delay in the representative proceeding was unsatisfactory, progression toward mediation had utility, and the revised notices removed the vice identified by the Court of Appeal by making registration non-compulsory and not communicating any intention to extinguish unregistered claims. The Court declined to order provision of discovered or expert material to Ms Wigmans at this stage because her proceeding remained stayed, use of the material in that proceeding would raise Harman undertaking issues requiring a proper application for leave, and privileged expert material should not be ordered to be...

Court Disposition

Orders made as per Annexure A; proposed additional orders 20 and 21 sought by Ms Wigmans were not made.

Orders

  • ['Plaintiffs to serve any material on quantum and materiality intended to be relied on at mediation on a without prejudice basis by 18 December 2020.' 'Defendant to serve any material on quantum and materiality intended to be relied on at mediation on a without prejudice basis by 9 March 2021.' '4.00pm (AEDT) on 23...