The AMP carriage dispute continues and heads to the High Court for determination

On 17 April 2020, the High Court granted special leave to appeal from the decision of the Court of Appeal in regards to carriage of the AMP shareholder class action.

On 17 April 2020 the High Court granted special leave to appeal from the decision of the Court of Appeal (Wigmans v AMP Ltd (2019) 373 ALR 323; [2019] NSWCA 243), which in turn dismissed an appeal from the decision of Ward CJ in Eq (Wigmans v AMP Ltd [2019] NSWSC 603) awarding carriage of the AMP shareholder class action to Maurice Blackburn.

One of the issues on the appeal will be whether there is any ‘first-mover’ advantage, in the sense that a ‘duplicative’ class action is, at least prima facie, vexatious, oppressive and an abuse of process. Another issue will be the extent to which the Court can, as a matter of principle, undertake a comparative assessment of the different funding models on offer in order to choose the most beneficial proceeding for class members (and, perhaps more broadly, the extent to which criteria applied by overseas courts in ‘certification’ motions are relevant in this context).

Read more about the AMP shareholder class action

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