Federal Court of Australia
Federal Court of Australia
Impiombato v BHP Group Limited (No 2) [2020] FCA 1720 File number: VID 649 of 2018
Judgment of: MOSHINSKY J
Date of judgment: 27 November 2020
Catchwords: REPRESENTATIVE PROCEEDINGS – shareholder class action – where claims brought on behalf of non-resident shareholders of both the respondent (an Australian company) and a United Kingdom company – whether provisions of Pt IVA of the Federal Court of Australia Act 1976 (Cth) capable of application to group members who are not residents of Australia REPRESENTATIVE PROCEEDINGS – shareholder class action – where claims brought on behalf of non-resident shareholders of both the respondent (an Australian company) and a United Kingdom company – dual listed company structure – whether the Court should exercise its discretion to exclude non-resident group members from the proceeding – whether, in the alternative, the Court should exercise its discretion to exclude non-resident group members who do not register their participation in the proceeding PRACTICE AND PROCEDURE – strike-out application – representative proceeding – shareholder class action – where claims brought on behalf of shareholders in both the respondent (an Australian company) and a United Kingdom company – dual listed company structure – where claims based on alleged contraventions of the continuous disclosure provisions of the Corporations Act 2001 (Cth) and the misleading or deceptive conduct provisions of the Corporations Act and the Australian Securities and Investments Commission Act 2001 (Cth) – whether the claims brought on behalf of the shareholders in the United Kingdom company were viable
Legislation: Acts Interpretation Act 1901 (Cth), s 21 Australian Securities and Investments Commission Act 2001 (Cth), ss 12DA, 12GF Corporations Act 2001 (Cth), ss 111AP, 672A, 672B, 674, 760A, 763A, 766A, 1041H, 1041I, 1317HA, 1325, 1337B Federal Court of Australia Act 1976 (Cth), ss 3, 18, 23, 33C, 33E, 33G, 33X, 33Z, 33ZA, 33ZB, 33ZC, 33ZE, 33ZF Judiciary Act 1903 (Cth), s 39B Trade Practices Act 1974 (Cth), s 82 Civil Procedure Act 2005 (NSW), s 183 Supreme Court Act 1986 (Vic) Federal Court Rules 2011 (Cth), r 16.21 Supreme Court (General Civil Procedure) Rules 2015 (Vic), r 23.02 Financial Services and Markets Act 2000 (UK), ss 90, 90A Limitation Act 1980 (UK), ss 2, 14A, 14B Prescription Act, 68 of 1969 (SA), ss 10, 11, 12, 13, 14 Protection of Businesses Act 99 of 1978 (SA), s 1F
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