Applicants Solicitors Ordered To Pay Costs In Pasminco Class Action

The Federal Court in Sydney today ruled that legal firm Coleman & Greig must pay Pasminco’s costs resulting from a failed class action against the company.

In May this year, the Federal Court dismissed the action relating to Pasminco smelters at Cockle Creek in New South Wales and Port Pirie in South Australia as ‘hopeless’ and ‘doomed to fail’. At that time, Pasminco asked the Court to reserve its decision in relation to costs.

Pasminco sought the costs order against the firm of lawyers, rather than the unsuccessful applicants because in its view, the firm initiated the action in the Federal Court even though the likelihood of the action proceeding in the Federal Court was remote. As a result, it should bear responsibility for Pasminco’s costs.

Following the dismissal of the action in the Federal Court, Coleman & Greig subsequently took action on behalf of the applicants in the Victorian Supreme Court. Pasminco applied to have the action against it dismissed and the matter was heard during November. The Victorian Supreme Court has reserved its decision in those proceedings.

Throughout both actions, Pasminco has maintained that a class action is an inappropriate way to deal with diverse individual issues. Pasminco continues to encourage people who have concerns about its operations to raise these directly with the company.

For further information contact:
Trevor Shard
Group Manager - Investor Relations
61 3 9288 9186 or 0419 584 515

Peter Griffin
Group Manager - Public Affairs
61 3 9288 0463 or 0419 314 265

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