Wigmans v. AMP Limited & Ors

Lower Court Judgment

08/10/219 Supreme Court of New South Wales (Court of Appeal) (Bell P, Macfarlan JA, Meagher JA, Payne JA, White JA)

[2019] NSWCA 243

Catchwords

Civil procedure –Representative proceedings–Where multiple representative proceedings on foot against respondent in single forum–Where each plaintiff sought stay of proceedings commenced by other plaintiffs –Where primary judge applied multifactorial analysis to determine which proceeding should progress –Where NSW Court of Appeal dismissed appeal from primary judge’s decision –Whether Pt 10 of Civil Procedure Act 2005(NSW) authorised approach taken by primary judge –Whether permissible for court faced with multiple open class actions conducted on basis of different funding models and with different incentives, disincentives and risk profiles to assume, without findings in evidence, that different proceedings equally likely to achieve possible settlement or judgment outcome within range of possible outcomes.

Short particulars