Federal Court of Australia
Federal Court of Australia Impiombato v BHP Group Limited [2025] FCAFC 9 Appeal from: Impiombato v BHP Group Limited (No 4) [2023] FCA 1354 Impiombato v BHP Group Limited (No 5) [2024] FCA 591
File numbers: VID 989 of 2023 VID 553 of 2024
Judgment of: beach, lee and o'BRYAN JJ
Date of judgment: 12 February 2025
Catchwords: REPRESENTATIVE PROCEEDINGS – appeal from interlocutory decision regarding interpretation of group member definition – relevant principles concerning the interpretation of a pleading – no error in primary judge's conclusion demonstrated – appeal dismissed REPRESENTATIVE PROCEEDINGS – appeal from interlocutory order that amendments to the originating application and statement of claim, including amendments to the group member definition, take effect from the commencement of the proceeding – application of principles stated by the Full Court in Ethicon Sàrl v Gill (2018) 264 FCR 394 – primary judge's discretionary decision based on material errors of fact – appeal allowed and discretion re-exercised – amendment to the group member definition should take effect from the date of the amendments –amendments to the claims of existing group members should take effect from the commencement of the proceeding
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