Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Impiombato v BHP Billiton Limited (No 2) [2018] FCA 2045 File numbers: VID 649 of 2018 VID 1077 of 2018 VID 1218 of 2018
Judge: MOSHINSKY J
Date of judgment: 18 December 2018
Catchwords: REPRESENTATIVE PROCEEDINGS – 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 – whether one or more of the proceedings should be stayed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12DB Competition and Consumer Act 2010 (Cth), Sch 2, Australian Consumer Law, ss 18, 29 Corporations Act 2001 (Cth), ss 111AP, 674, 1041H Federal Court of Australia Act 1976 (Cth), ss 33N Legal Profession Uniform Law Application Act 2014 (Vic), Sch 1, Legal Profession Uniform Law, s 183
Cases cited: 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 Perera v GetSwift Limited [2018] FCAFC 202 Wileypark Pty Ltd v AMP Ltd (2018) 359 ALR 43
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