Wigmans v. AMP Limited & Ors
Case No.
S67/2020
Case Information
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)
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.
Documents
17/04/2020 Hearing (SLA, Melbourne v/link Sydney)
01/05/2020 Notice of appeal
05/06/2020 Written submissions (Appellant)
05/06/2020 Chronology (Appellant)
03/07/2020 Written submissions (First Respondent)
07/07/2020 Written submissions (Second and Third Respondents)
24/07/2020 Reply
10/11/2020 Hearing (Full Court, Canberra)
10/11/2020 Outline of oral argument (Appellant)
10/11/2020 Outline of oral argument (First Respondent)
10/11/2020 Outline of oral argument (Second and Third Respondents)
10/03/2021 Judgment (Judgment summary)