Wigmans v AMP Ltd (No 4) [2019] NSWSC 257

Wigmans v AMP Ltd (No 4) [2019] NSWSC 257

Ms Wigmans' anti-suit injunction application did not achieve the transfer of the Federal Court proceedings; that result followed from this Court's refusal to transfer this proceeding and the Federal Court's decision to transfer its proceedings. The course adopted by Ms Wigmans had been deprecated by this Court and the Federal Court, Mr Georgiou and Fernbrook were required to respond to it, Ms Wigmans did not press the application, it was highly unlikely to have succeeded, and one form of injunction had already been refused. It was therefore appropriate to order Ms Wigmans to pay Mr Georgiou's and Fernbrook's costs of the application.

Jurisdiction
Australia
Judgment Date
13 March 2019
Procedural Posture
Representative Proceedings; Costs Application in Interlocutory Anti Suit Injunction Proceedings / On the Papers Determination of Mr Georgiou's and Fernbrook (aust) Investments Pty Ltd's Application for Costs of Ms Wigmans' Anti Suit Injunction Application
Outcome
Plaintiff to pay the costs of Mr Georgiou and Fernbrook (Aust) Investments Pty Ltd of her anti-suit injunction application.
Legal Topics
['costs Orders Against Representative Party' 'anti Suit Injunction Application' 'interlocutory Costs' 'comity Between Courts' 'transfer of Class Action Proceedings']
['civil Procedure' 'costs' 'representative Proceedings'] ['costs Orders Against Representative Party' 'anti Suit Injunction Application' 'interlocutory Costs' 'comity Between Courts' 'transfer of Class Action Proceedings']

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Procedural Posture

Representative Proceedings; Costs Application in Interlocutory Anti Suit Injunction Proceedings / On the Papers Determination of Mr Georgiou's and Fernbrook (aust) Investments Pty Ltd's Application for Costs of Ms Wigmans' Anti Suit Injunction Application

Legal Issues

  1. 1 ["Whether Ms Wigmans should pay Mr Georgiou's and Fernbrook (Aust) Investments Pty Ltd's costs of her application for an anti-suit injunction." 'Whether the anti-suit injunction application should be treated as unsuccessful where the Federal Court proceedings were ultimately transferred to this Court.' 'Whether a costs order could be made although the anti-suit injunction application was not heard on its merits and was dismissed by consent.']

Ratio Decidendi

Ms Wigmans' anti-suit injunction application did not achieve the transfer of the Federal Court proceedings; that result followed from this Court's refusal to transfer this proceeding and the Federal Court's decision to transfer its proceedings. The course adopted by Ms Wigmans had been deprecated by this Court and the Federal Court, Mr Georgiou and Fernbrook were required to respond to it, Ms Wigmans did not press the application, it was highly unlikely to have succeeded, and one form of injunction had already been refused. It was therefore appropriate to order Ms Wigmans to pay Mr Georgiou's and Fernbrook's costs of the application.

Court Disposition

Plaintiff to pay the costs of Mr Georgiou and Fernbrook (Aust) Investments Pty Ltd of her anti-suit injunction application.

Orders

  • ["Ms Wigmans is to pay Mr Georgiou's and Fernbrook (Aust) Investments Pty Ltd's costs of Ms Wigmans' application for an anti-suit injunction." 'The parties were invited to bring in short minutes to give effect to these reasons and to the reasons of 26 February 2019.']