AWB Class Action

AWB Class Action

On 15 February 2010 an agreement was reached between the parties to the AWB class action to seek court approval to settle the claims of the applicants and all group members for $39.5m inclusive of interest and costs.  More details will be both sent directly to group members and posted on this web page as soon as we can and when appropriate orders are made.

The action

Maurice Blackburn commenced a class action against AWB Limited (AWB) in the Federal Court of Australia on 17 April 2007.

The AWB class action is being conducted by the applicants, John and Kaye Watson, in their own right and on behalf of members of the class.  Class members are called Group Members and are defined as persons who meet the following three criteria:

  1. Between 11 March 2002 and 13 January 2006 inclusive ("Relevant Period") obtained an interest in AWB's "B Class" securities ("AWB securities") being an interest that was the result of a purchase of AWB securities on the financial market ("ASX") operated by the corporation then known as Australian Stock Exchange Limited and now known as ASX Limited (trading as Australian Securities Exchange);
  2. At the close of business on 13 January 2006 held an interest in AWB securities obtained during the Relevant Period; and
  3. Suffered loss and damage by reason of AWB's Contraventions, as defined in the Third Further Amended Statement of Claim.

The class is now closed because the Court ordered that any person who wanted to register an interest in being a Group Member should do so by mid 2009.

The trial of the common issues in the AWB class action commenced  on Wednesday 10 February 2010 .

AWB's alleged contraventions

The AWB class action alleges, amongst other things, that:

a) AWB breached its continuous disclosure obligations imposed by
ASX Listing Rule 3.1 and section 674(2) of Corporations Act 2001
(Cth) by failing to inform the market that:

  1. between 1999 and 2003 AWB paid an Iraqi front company certain fees that resulted in a circumvention of resolutions of the Security Council of the United Nations;
  2. AWB concealed these payments from the Department of Foreign Affairs and Trade and/or the United Nations; and
  3. had the payments and the true arrangements between AWB and Iraq not been concealed, then Ministerial Permission for the export of wheat to Iraq by AWB would not have been given.

b) If AWB's payment of kick backs to Iraq had been revealed it would have:

  1. seriously damaged the commercial and corporate reputation of AWB, its business and management;
  2. resulted in AWB's business with Iraq being disrupted; and
  3. put the Single Desk and/or AWB's management of it at risk;

so that people who commonly invest in shares would have either not bought AWB shares or would have paid less for them.

c) AWB engaged in misleading or deceptive conduct by making express and implied representations to the market about the nature of its dealings with Iraq, the integrity of AWB as a company, and about meeting its disclosure obligations.

d) As a result of AWB's non-disclosure and misleading conduct:

  1. AWB shareholders bought shares when, had the truth been told, they either:
    • would not have bought them at all; or
    • would have bought them at a lower price because the market price of AWB shares was greater than it would have been had the market been told the truth; and
  2. shareholders who bought and retained AWB shares during the Relevant Period therefore suffered loss because when the truth came out during the Cole Inquiry in 2006 the market reacted to the revelations and the share price of AWB shares fell by over 50%.

Warning

The AWB class action, as currently framed, is not an action against directors, stockbrokers, financial planners, accountants or any other persons or institutions who may have been directly or indirectly involved in the purchase by any persons of AWB securities.  If you think that you might have a claim against any such persons or institutions, we recommend that you seek independent legal advice, as time limitations apply.

Further information

Click here to download the media release  - AWB class action settlement - $39.5 million

Click here to download the Third Further Amended Statement of Claim

Click here to download the Third Further Amended Application

Click here to download the Further Amended Defence

If you require further information about the current proceeding please contact us on (02) 9261 1488 or by email to awbclassaction@mauriceblackburn.com.au.

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