Wigmans v AMP Ltd [2018] NSWSC 1045

Wigmans v AMP Ltd [2018] NSWSC 1045

As NSW is the natural forum, with AMP, the majority of evidence, and parties present, and as there is no juridical or procedural advantage to any party in a transfer, and the defendant wishes to litigate in this Court, it is not more appropriate in the interests of justice to transfer proceedings to the Federal Court; the anti-suit injunction application is adjourned pending applicants’ decision on transfer of Federal Court proceedings.

Parties
Plaintiff: Marion Antoinette Wigmans; Defendant: AMP Limited; Applicant: Komlotex Pty Ltd; Applicant: Andrew Georgiou; Applicant: Wileypark Pty Ltd; Applicant: Fernbrook (Aust) Investment Pty Ltd
Jurisdiction
Australia
Judgment Date
09 July 2018
Procedural Posture
Representative/class Action / Interlocutory Application to Transfer Proceedings to the Federal Court; Application for Anti Suit Injunction
Outcome
Application to transfer these proceedings to the Federal Court of Australia is refused
Legal Topics
Class Actions, Jurisdiction, Transfer of Proceedings, Anti Suit Injunctions
Civil Procedure Corporations Law Equity Class Actions Jurisdiction Transfer of Proceedings Anti Suit Injunctions

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 10 Party arguments 2 Amounts and remedies 1
Sign in to unlock

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

Procedural Posture

Representative/class Action / Interlocutory Application to Transfer Proceedings to the Federal Court; Application for Anti Suit Injunction

Legal Issues

  1. 1 Whether proceedings should be transferred to the Federal Court pursuant to s 1337H of the Corporations Act 2001 (Cth)
  2. 2 Whether an anti-suit injunction should be granted to restrain parallel proceedings in the Federal Court

Ratio Decidendi

As NSW is the natural forum, with AMP, the majority of evidence, and parties present, and as there is no juridical or procedural advantage to any party in a transfer, and the defendant wishes to litigate in this Court, it is not more appropriate in the interests of justice to transfer proceedings to the Federal Court; the anti-suit injunction application is adjourned pending applicants’ decision on transfer of Federal Court proceedings.

Court Disposition

Application to transfer these proceedings to the Federal Court of Australia is refused

Orders

  • The application to transfer these proceedings to the Federal Court is refused.
  • Federal Court applicants are to indicate by 5.00 pm on 16 July 2018 whether they consent to transferring the Federal Court proceedings to the Supreme Court of NSW.