Impiombato v BHP Group Limited (No 2) [2020] FCA 1720

Impiombato v BHP Group Limited (No 2) [2020] FCA 1720

Part IVA of the Federal Court of Australia Act 1976 (Cth) applies to claims brought on behalf of group members regardless of their place of residence, absent any express limitation or necessary implication to the contrary. It is not appropriate, at the interlocutory stage and on the basis of pleadings and the evidence before the Court, to exclude non-resident group members or to require registration; nor is it appropriate to strike out claims advanced on behalf of group members who acquired BHP Plc shares, as the pleaded facts establish an arguable causal link between the alleged contraventions and the losses claimed, and these issues should be determined at trial with the benefit of a...

Jurisdiction
Australia
Judgment Date
27 November 2020
Procedural Posture
Representative Proceeding / Shareholder Class Action / Interlocutory Application (strike Out Application and Application to Exclude Group Members) With Reasons for Judgment and Orders
Outcome
Interlocutory application dismissed. Application for leave to refer English judgment refused.
Legal Topics
['representative Proceedings (class Actions)' 'continuous Disclosure Obligations' 'misleading or Deceptive Conduct' 'jurisdiction and Extraterritoriality' 'procedural Fairness' 'strike Out Applications' 'group Member Identification' 'shareholder Claims']
['corporations Law' 'securities Law' 'civil Procedure'] ['representative Proceedings (class Actions)' 'continuous Disclosure Obligations' 'misleading or Deceptive Conduct' 'jurisdiction and Extraterritoriality' 'procedural Fairness' 'strike Out Applications' 'group Member Identification' 'shareholder Claims']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Representative Proceeding / Shareholder Class Action / Interlocutory Application (strike Out Application and Application to Exclude Group Members) With Reasons for Judgment and Orders

Legal Issues

  1. 1 ['Does Part IVA of the Federal Court of Australia Act 1976 (Cth) apply to claims brought on behalf of shareholders who are not residents of Australia?' 'Should the Court exercise its discretion to exclude non-resident group members from the proceeding, or require registration of non-resident group members?' 'Are the causes of action pleaded on behalf of group members who acquired BHP Plc shares (as opposed to BHP Ltd shares) viable, or should they be struck out for not disclosing a reasonable cause of action?']

Ratio Decidendi

Part IVA of the Federal Court of Australia Act 1976 (Cth) applies to claims brought on behalf of group members regardless of their place of residence, absent any express limitation or necessary implication to the contrary. It is not appropriate, at the interlocutory stage and on the basis of pleadings and the evidence before the Court, to exclude non-resident group members or to require registration; nor is it appropriate to strike out claims advanced on behalf of group members who acquired BHP Plc shares, as the pleaded facts establish an arguable causal link between the alleged contraventions and the losses claimed, and these issues should be determined at trial with the benefit of a...

Court Disposition

Interlocutory application dismissed. Application for leave to refer English judgment refused.

Orders

  • ["Applicants' application for leave to refer to a recent English judgment refused." "Respondent's interlocutory application dated 12 May 2020 dismissed." 'Each party to file written costs submissions within 14 days.']