Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107 Appeal from: Application for leave to appeal: Impiombato v BHP Billiton Limited (No 2) [2018] FCA 2045
File numbers: VID 58 of 2019 VID 59 of 2019 VID 127 of 2019 VID 169 of 2019
Judges: MIDDLETON, BEACH AND LEE JJ
Date of judgment: 21 June 2019
Date of earlier order: 28 May 2019
Catchwords: REPRESENTATIVE PROCEEDINGS – leave to appeal – permanent stay of proceedings – three overlapping open securities class actions against the same respondent – substantially the same claim and substantially the same causes of action – applicable principles – primary judge stayed two of the three proceedings – comparability of common fund orders proposed – whether common fund order could indirectly incorporate a contingency fee – scope and relevance of prohibition in s 183 of Legal Profession Uniform Law – no win/no fee model – comparison between no win/no fee model and external funder model – leave to appeal granted – appeal partly allowed – consequential orders
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