Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Impiombato v BHP Group Limited [2020] FCA 350 File number: VID 649 of 2018
Judge: MOSHINSKY J
Date of judgment: 17 March 2020
Catchwords: PRACTICE AND PROCEDURE – application for stay of civil proceeding pending the determination of criminal proceedings relating to the same subject-matter – where criminal proceedings had been commenced in Brazil against a wholly-owned subsidiary of the respondent and certain individuals relating to the failure of a tailings dam in Brazil – where the present proceeding was a shareholder class action based on alleged contraventions of the respondent's continuous disclosure obligations and allegations of misleading or deceptive conduct – where it was alleged that: the respondent breached the ASX Listing Rules and the Corporations Act 2001 (Cth) by failing to disclose certain information and risks relating to the tailings dam; and the respondent breached the relevant legislation by making certain alleged misleading or deceptive representations – whether the interests of justice required the present proceeding to be stayed – whether certain interlocutory steps could proceed without causing prejudice to the respondent – application for stay dismissed
Legislation: Australian Securities and Investments Commission Act 2001 (Cth), s 12DA Corporations Act 2001 (Cth), ss 111AP, 674, 1041H, 1331 Evidence Act 1995 (Cth), s 128 Federal Court of Australia Act 1976 (Cth), s 23
Cases cited: Australian Competition and Consumer Commission v The Construction, Forestry, Mining and Energy Union [2016] FCA 504 Australian Securities and Investments Commission v Australia and New Zealand Banking Group Ltd (2019) 138 ACSR 42 Beecee Group Ltd v Barton (1980) 5 ACLR 33 Commissioner of the Australian Federal Police v Zhao (2015) 255 CLR 46 Construction, Forestry, Mining and Energy Union v Australian Competition and Consumer Commission (2016) 242 FCR 153 McLachlan v Browne (No 9) [2019] NSWSC 10 McMahon v Gould (1982) 7 ACLR 202 National Australia Bank Limited v Human Group Pty Ltd [2019] NSWSC 1404 Obeid v Commissioner of Taxation [2017] FCA 1135 Ransley v Commissioner of Taxation [2016] FCA 778 Re Plutus Payroll Australia Pty Ltd [2017] NSWSC 1854 R v Lawrence [1982] AC 510 Websyte Corporation Pty Ltd v Alexander (No 2) [2012] FCA 562
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