Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Impiombato v BHP Billiton Limited [2018] FCA 1272 File number: VID 649 of 2018
Judge: MOSHINSKY J
Date of judgment: 3 August 2018
Date of publication of reasons: 23 August 2018
Catchwords: PRACTICE AND PROCEDURE – representative proceeding under Pt IVA of the Federal Court of Australia Act 1976 (Cth) – open class – application for common fund order – applicable principles – whether appropriate to make common fund order – common fund order made
Legislation: Federal Court of Australia Act 1976 (Cth), s 33ZF
Cases cited: Blairgowrie Trading Ltd v Allco Finance Group Ltd (recs and mgrs apptd) (in liq) (No 3) (2017) 343 ALR 476 Caason Investments Pty Limited v Cao (No 2) [2018] FCA 527 Earglow Pty Ltd v Newcrest Mining Limited [2016] FCA 1433 McKay Super Solutions Pty Ltd (Trustee) v Bellamy's Australia Ltd [2017] FCA 947 Money Max Int Pty Ltd v QBE Insurance Group Ltd (2016) 245 FCR 191 Pearson v State of Queensland [2017] FCA 1096 Perera v GetSwift Ltd (2018) 127 ACSR 1 Webb v GetSwift Limited (No 3) [2018] FCA 1133
Date of hearing: 3 August 2018
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 40
Counsel for the Applicant: Mr PW Collinson QC with Mr E Olivier
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