BHP wants to appeal a decision giving a class action the OK to fix what a judge accepted was an “inadvertent mistake” that resulted in a ruling — itself the subject of an appeal — which limited the group member definition.
The judge overseeing a six-year-old class action against BHP over the collapse of a Brazilian dam has allowed the applicant to retroactively amend the group definition, accepting that a pleading mistake was contrary to the intended class membership in the case.
The High Court has been asked to overturn a NSW Court of Appeal decision finding it had no power to exclude unregistered group members from a settlement, which conflicted with Federal Court precedent, hearing the divergence of the important issue “can only be resolved by the High Court”.
The NSW Court of Appeal has said it has no power to exclude group members who do not sign up to a class action from participating in a settlement, upholding a controversial decision that the Full Federal Court said was “plainly wrong”.
Construction giant Boral has lost its bid to block a class action from running a ‘novel’ argument that shareholders suffered loss because of natural fluctuations in share price, rather than as a direct result of alleged continuous disclosure breaches.
A judge has approved a 24 per cent group costs order in a consolidated class action against a2 Milk, noting the complexity of the claims against the dairy giant and saying a GCO would align the class action lawyers’ interests with group members’.
In a shareholder class action targeting Boral, the construction materials giant has lost a bid to limit the class to registered group members until judgment, with a judge saying there was no reason to keep the class closed after mediation.
A judge who eviscerated a prior bid by a law firm and funder to take home 60 per cent of a $5 million class action settlement with Tyro has allowed them to net half of the proceeds, questioning whether some of the costs amounted to a “complete breach” of legal professional duties.
A judge has approved a $5 million class action settlement against payment processor Tyro over a service outage but has shredded the proposed funder payout and legal fees that would have comprised 60 per cent of the sum, calling the costs “outrageous”.
Coffee brand Vittoria can’t transfer a case over the trade mark for rival Moccona’s instant coffee jar from one Federal Court registry to another, with a judge reminding the company that the court was “well into the 21st century” and could livestream hearings without the need for interstate travel.