Federal Court of Australia
Federal Court of Australia
Impiombato v BHP Group Limited (No 4) [2023] FCA 1354 File number: VID 649 of 2018
Judgment of: MOSHINSKY J
Date of judgment: 3 November 2023
Catchwords: PRACTICE AND PROCEDURE – representative proceeding – form of opt out notice – where an issue arose between the parties as to the correct interpretation of "group member" definition
Legislation: Federal Court of Australia Act 1976 (Cth), s 33H
Cases cited: Impiombato v BHP Group Limited (No 2) [2020] FCA 1720 Klemweb Nominees Pty Ltd (as trustee for the Klemweb Superannuation Fund) v BHP Group Limited [2019] FCAFC 107; 369 ALR 583
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 32
Date of hearing: 18 October 2023
Date of last submissions: 27 October 2023
Counsel for the Applicants: Mr AD Pound SC with Mr EL Olivier
Solicitor for the Applicants: Phi Finney McDonald and Maurice Blackburn Lawyers
Counsel for the Respondent: Ms WA Harris KC with Mr K Loxley
Solicitor for the Respondent: Herbert Smith Freehills
ORDERS VID 649 of 2018
BETWEEN: VINCE IMPIOMBATO First Applicant
KLEMWEB NOMINEES PTY LTD (AS TRUSTEE FOR THE KLEMWEB SUPERANNUATION FUND) Second Applicant
AND: BHP GROUP LIMITED (ACN 004 028 077) Respondent
order made by: MOSHINSKY J DATE OF ORDER: 3 NOVEMBER 2023
THE COURT ORDERS THAT:
1. The applicants confer with the respondent and provide to the Court a revised draft of the opt-out notice that reflects the Court's reasons for judgment dated today. 2. Costs be reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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