Impiombato v BHP Group Limited [2025] FCAFC 9

Impiombato v BHP Group Limited [2025] FCAFC 9

The group definition in the originating application and statement of claim only included persons who acquired BHP Ltd or BHP Plc shares during the relevant period via trading on the ASX, LSE, or JSE. Primary judge did not err in so interpreting the definition, so the appeal on that aspect is dismissed. In respect of the amendment orders, the primary judge materially erred in finding there was a mistake in the lawyers’ drafting and in discounting prejudice to the respondent. The amendment broadening group membership to include persons trading only on other platforms can only take effect from the date of the amendment, not retrospectively. Amendments to claims of existing group members can...

Parties
First Appellant in VID 989 of 2023 / First Respondent in VID 553 of 2024: Vince Impiombato; Second Appellant in VID 989 of 2023 / Second Respondent in VID 553 of 2024: Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund); Respondent in VID 989 of 2023 / Appellant in VID 553 of 2024: BHP Group Limited
Jurisdiction
Australia
Judgment Date
12 February 2025
Procedural Posture
Representative Proceeding (class Action) / Appeal / Appeal From Interlocutory Judgments (interpretation and Amendment of Group Definition)
Outcome
Appeal in VID 989 of 2023 dismissed; appeal in VID 553 of 2024 allowed.
Legal Topics
Representative Proceedings (class Actions), Interpretation of Group Definition, Amendment of Pleadings, Limitation Periods, Causation of Loss, Leave to Amend
Civil Procedure Corporations Law Securities Law Representative Proceedings (class Actions) Interpretation of Group Definition Amendment of Pleadings Limitation Periods Causation of Loss +1 more

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Parties

Vince Impiombato

First Appellant in VID 989 of 2023 / First Respondent in VID 553 of 2024

Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund)

Second Appellant in VID 989 of 2023 / Second Respondent in VID 553 of 2024

BHP Group Limited

Respondent in VID 989 of 2023 / Appellant in VID 553 of 2024

Procedural Posture

Representative Proceeding (class Action) / Appeal / Appeal From Interlocutory Judgments (interpretation and Amendment of Group Definition)

Legal Issues

  1. 1 Proper interpretation of the group member definition in representative proceedings
  2. 2 Whether amendments to the group definition and pleadings should relate back to commencement of proceedings or take effect from amendment date
  3. 3 Prejudice arising from amendment timing for new and existing group members and the respondent

Ratio Decidendi

The group definition in the originating application and statement of claim only included persons who acquired BHP Ltd or BHP Plc shares during the relevant period via trading on the ASX, LSE, or JSE. Primary judge did not err in so interpreting the definition, so the appeal on that aspect is dismissed. In respect of the amendment orders, the primary judge materially erred in finding there was a mistake in the lawyers’ drafting and in discounting prejudice to the respondent. The amendment broadening group membership to include persons trading only on other platforms can only take effect from the date of the amendment, not retrospectively. Amendments to claims of existing group members can...

Court Disposition

Appeal in VID 989 of 2023 dismissed; appeal in VID 553 of 2024 allowed.

Orders

  • VID 989 of 2023: The appeal is dismissed.
  • VID 989 of 2023: Appellants to pay the respondent's costs of the appeal.