Wigmans v AMP Limited [2018] NSWSC 1118

Wigmans v AMP Limited [2018] NSWSC 1118

Given undertakings and consent reached by parties not to seek anti-suit relief or progress related applications until after transfer applications are determined, the notice of motion for an anti-anti-anti-suit injunction is dismissed by consent to preserve the status quo and avoid interfering with Federal Court processes.

Jurisdiction
Australia
Judgment Date
12 July 2018
Procedural Posture
Open Class Securities Class Action / Interlocutory Application for Anti Anti Anti Suit Injunction; Notice of Motion Dismissal
Outcome
Notice of motion dismissed by consent with no order as to costs.
Legal Topics
['injunctions' 'anti Suit Injunctions' 'equitable Remedies' 'case Management' 'forum Transfer']
['equity' 'civil Procedure'] ['injunctions' 'anti Suit Injunctions' 'equitable Remedies' 'case Management' 'forum Transfer']

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Procedural Posture

Open Class Securities Class Action / Interlocutory Application for Anti Anti Anti Suit Injunction; Notice of Motion Dismissal

Legal Issues

  1. 1 ['Should the Court grant an anti-anti-anti-suit injunction restraining parties from seeking anti-suit relief in related proceedings?' 'What is the appropriate forum for hearing multiple related class actions against AMP Limited?' 'Is the grant of injunction appropriate considering comity between courts?']

Ratio Decidendi

Given undertakings and consent reached by parties not to seek anti-suit relief or progress related applications until after transfer applications are determined, the notice of motion for an anti-anti-anti-suit injunction is dismissed by consent to preserve the status quo and avoid interfering with Federal Court processes.

Court Disposition

Notice of motion dismissed by consent with no order as to costs.

Orders

  • ['Make orders in accordance with Consent Orders initialled and dated today and placed with the Court papers.' "Plaintiff's notice of motion filed on 12 July 2018 dismissed with no order as to costs." 'Undertakings noted as per paragraphs (i)–(iv) regarding anti-suit relief and communication with Federal Court.']