Wigmans v AMP Ltd [2020] NSWCA 104

Wigmans v AMP Ltd [2020] NSWCA 104

The Court held the orders and notices, by their practical operation and explicit intention to apply for exclusion of unregistered group members from settlement benefits and extinguishment of their rights, were beyond power under Pt 10 the Civil Procedure Act 2005 (NSW) and subverted the essential opt out nature of the statutory class action regime. The process gave rise to a real conflict of interest between registered and unregistered group members and could not be validated by s 175 or general case management powers.

Jurisdiction
Australia
Judgment Date
04 June 2020
Procedural Posture
Appellate / Leave to Appeal and Substantive Appeal From Interlocutory Orders
Outcome
Appeal allowed; orders below set aside; leave to appeal granted.
Legal Topics
['representative Proceedings' 'class Actions' 'opt Out Regime' 'power to Make Orders in Class Actions' 'settlement Approval Processes']
['civil Procedure'] ['representative Proceedings' 'class Actions' 'opt Out Regime' 'power to Make Orders in Class Actions' 'settlement Approval Processes']

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Procedural Posture

Appellate / Leave to Appeal and Substantive Appeal From Interlocutory Orders

Legal Issues

  1. 1 ['Whether orders requiring group members to register or risk exclusion from settlement benefits were beyond power under Pt 10 Civil Procedure Act 2005 (NSW)' 'Whether practical effect of orders and notices was inconsistent with opt out regime' 'Identification and management of conflicts of interest in class proceedings']

Ratio Decidendi

The Court held the orders and notices, by their practical operation and explicit intention to apply for exclusion of unregistered group members from settlement benefits and extinguishment of their rights, were beyond power under Pt 10 the Civil Procedure Act 2005 (NSW) and subverted the essential opt out nature of the statutory class action regime. The process gave rise to a real conflict of interest between registered and unregistered group members and could not be validated by s 175 or general case management powers.

Court Disposition

Appeal allowed; orders below set aside; leave to appeal granted.

Orders

  • ['Grant leave to Ms Wigmans to appeal.' 'Direct Ms Wigmans to file a notice of appeal, in the form of the draft notice, within 7 days, dispense with requirements of service.' 'Allow the appeal.' "Set aside order 1 made on 8 May 2020 (dismissing Ms Wigmans' notice of motion) and the orders made on 8 May 2020 and...