Impiombato v BHP Group Limited (No 3) [2023] FCA 1104

Impiombato v BHP Group Limited (No 3) [2023] FCA 1104

Given the complexity of the case, the scale of existing and expected documents, and the overlapping UK proceeding with categorised disclosure, it is appropriate to order non-standard discovery, with BHP Ltd to provide discovery of all documents disclosed in the UK proceeding, augmented by specified additional categories. The applicants met the requirements to justify non-standard discovery under r 20.15. A Sabre order regarding category 16(a) for documents held by Samarco is also justified.

Parties
First Applicant: Vince Impiombato; Second Applicant: Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund); Respondent: BHP Group Limited (ACN 004 028 077)
Jurisdiction
Australia
Judgment Date
14 September 2023
Procedural Posture
Representative Proceeding (shareholder Class Action) / Interlocutory Application for Discovery Orders
Outcome
Application for non-standard discovery granted in part
Legal Topics
Discovery, Federal Court Representative Proceedings, Continuous Disclosure, Misleading or Deceptive Conduct
Practice and Procedure Commercial Law Corporations Discovery Federal Court Representative Proceedings Continuous Disclosure Misleading or Deceptive Conduct

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 9 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Vince Impiombato

First Applicant

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

Second Applicant

BHP Group Limited (ACN 004 028 077)

Respondent

Procedural Posture

Representative Proceeding (shareholder Class Action) / Interlocutory Application for Discovery Orders

Legal Issues

  1. 1 Whether to order non-standard discovery instead of standard discovery
  2. 2 Appropriateness of categories of non-standard discovery sought by the applicants
  3. 3 Whether a Sabre order should be made requiring BHP Ltd to seek documents from Samarco

Ratio Decidendi

Given the complexity of the case, the scale of existing and expected documents, and the overlapping UK proceeding with categorised disclosure, it is appropriate to order non-standard discovery, with BHP Ltd to provide discovery of all documents disclosed in the UK proceeding, augmented by specified additional categories. The applicants met the requirements to justify non-standard discovery under r 20.15. A Sabre order regarding category 16(a) for documents held by Samarco is also justified.

Court Disposition

Application for non-standard discovery granted in part

Orders

  • Applicants granted leave to amend their interlocutory application for discovery
  • Applicants to file the further amended interlocutory application