Wileypark Pty Ltd v AMP Limited [2018] FCAFC 143

Wileypark Pty Ltd v AMP Limited [2018] FCAFC 143

Transfer of the proceedings to the Supreme Court of New South Wales does not prejudice group members in relation to limitation periods: upon transfer, the suspension created by s 33ZE(1) of the Federal Court Act continues to operate until affected by s 182(2) of the Civil Procedure Act (NSW) as picked up by s 79 of the Judiciary Act; in the alternative, after transfer, s 182(1) and (2) operate as federal law to achieve the same result. The interests of group members are paramount, and only one substantive hearing is paramount for efficient resolution.

Parties
Applicant: Wileypark Pty Ltd; Applicant: Fernbrook (Aust) Investments Pty Ltd; Applicant: Komlotex Pty Ltd as trustee for Breda Sinclair Industries Superannuation Fund; Applicant: Andrew Georgiou; Respondent: AMP Limited
Jurisdiction
Australia
Judgment Date
29 August 2018
Procedural Posture
Representative Proceedings (class Actions) / Interlocutory Applications to Transfer Proceedings Pursuant to S 1337 H of the Corporations Act
Outcome
Applications granted
Legal Topics
Class Actions, Competition Between Class Actions, Transfer of Proceedings, Suspension of Limitation Periods, Federal and State Jurisdiction, Comity Between Courts
Corporations Law Civil Procedure Constitutional Law Class Actions Competition Between Class Actions Transfer of Proceedings Suspension of Limitation Periods Federal and State Jurisdiction +1 more

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Parties

Wileypark Pty Ltd

Applicant

Fernbrook (Aust) Investments Pty Ltd

Applicant

Komlotex Pty Ltd as trustee for Breda Sinclair Industries Superannuation Fund

Applicant

Andrew Georgiou

Applicant

AMP Limited

Respondent

Procedural Posture

Representative Proceedings (class Actions) / Interlocutory Applications to Transfer Proceedings Pursuant to S 1337 H of the Corporations Act

Legal Issues

  1. 1 Should four competing Federal Court class actions against AMP Limited be transferred to the Supreme Court of New South Wales under s 1337H of the Corporations Act?
  2. 2 What happens to the suspension of limitation periods for group members on transfer?
  3. 3 Does s 182 of the Civil Procedure Act 2005 (NSW) apply as federal law via s 79 of the Judiciary Act 1903 (Cth)?

Ratio Decidendi

Transfer of the proceedings to the Supreme Court of New South Wales does not prejudice group members in relation to limitation periods: upon transfer, the suspension created by s 33ZE(1) of the Federal Court Act continues to operate until affected by s 182(2) of the Civil Procedure Act (NSW) as picked up by s 79 of the Judiciary Act; in the alternative, after transfer, s 182(1) and (2) operate as federal law to achieve the same result. The interests of group members are paramount, and only one substantive hearing is paramount for efficient resolution.

Court Disposition

Applications granted

Orders

  • Upon the expiry of 28 days, or such other period as the Court may order, each proceeding be transferred to the Supreme Court of New South Wales pursuant to s 1337H of the Corporations Act 2001 (Cth).
  • Within seven days, parties to file submissions on costs, no more than two pages.