Wigmans v AMP Ltd [2020] NSWCA 104 (04 June 2020) (Macfarlan JA; Leeming JA; White JA.)


Catchwords:


APPEALS – interlocutory orders – appeal pending to High Court from permanent stay of one representative proceeding – interlocutory orders made in competing representative proceeding – whether House v King error in making orders which would render High Court appeal nugatory

CIVIL PROCEDURE – representative proceedings – Pt 10 Civil Procedure Act 2005 (NSW) – orders and notices advising group members of representative plaintiff’s and defendants’ joint intention to apply for orders excluding group members who fail to register from participating in any settlement – whether orders beyond power – whether orders distinguishable from Haselhurst v Toyota Motor Corporation Australia Ltd [2020] NSWCA 66